GT08_Texas Executive Branch_updated

Chapter 8: The Texas Executive Branch

Chapter Objectives

• Describe the powers of the Texas governor and the limits of the governor’s power.

• Identify the other elected officials who make up Texas’s plural executive.

• Explain the roles played by boards, commissions, and regulatory agencies.

The Governor

• Position: The Texas governor's role is inherently weak, as intended by the 1876 Constitution in response to the overreach of the governor during the Reconstruction era.

  • Historical Example: Edmund Davis (Republican, 1870-1874) exemplifies the type of governor the founders wanted to avoid.

• Plural Executive: The governor is one member of a plural executive, meaning several elected officials perform important functions independently of the governor (e.g., budgeting).

• Success Strategies:

  • Utilize appointments effectively.

  • Be ready to negotiate and leverage veto power.

  • Gain support from legislators, interest groups, and the public to achieve goals.

  • Informal resources, such as popularity among voters, can enhance the governor's influence.

    • Recent Examples: Rick Perry (2002, 2006, 2010) and Greg Abbott (2014, 2018, 2022) were noted for their electoral successes.

Formal and Informal Requirements for Governor

• Formal Requirements:

  • Age: 30 years or older

  • Citizenship: U.S. citizen

  • Residency: Must have resided in Texas for the previous 5 years

• Informal Requirements for Viable Candidates:

  • Strong name recognition

  • Prior elected experience

  • Proven fundraising ability for campaigns

  • Support from the national party

Campaign Dynamics

• Timeline:

  • Campaigns generally commence in the fall preceding the election year.

  • Party primaries occur in March; General elections in November, aligning with the national calendar.

• Significance of GOP Primaries: GOP primaries currently hold more weight than general elections for statewide offices.

• Cost of Campaigns:

  • Candidates must focus heavily on fundraising.

    • Example: In 2014, Republican Greg Abbott raised $72 million, surpassing the previous record set by Democrat Tony Sanchez, who raised $70 million in 2002.

Comparative Power of the Texas Governor

• Power to Reorganize State Government:

  • Texas: No

  • Other states include California, Illinois, Florida, and New York as having this power.

• Term Limits:

  • Texas: No

  • Some states have term limits, including California and Florida.

Power Sharing in Texas

• Appointment Power:

  • Governed as follows (1 represents more shared power with other officials, while 5 represents more power held by the governor):

    • California: 1

    • Florida: 2

    • Illinois: 3

    • New York: 4

    • Texas: 5

The Structure of Executive Roles in Texas

• Total Elected Positions:

  • Positions include: Insurance Commissioner, Secretary of State, Agricultural Commissioner, and others.

    • Appointed positions include roles directly affecting state functions and policies.

Who Elected Governor Greg Abbott?

• 2022 Election Insights:

  • Greg Abbott (R) vs. Beto O'Rourke (D) resulted in Abbott winning by 11% margin (4.4 million to 3.5 million).

  • Representation of counties reflects vote distribution and urban vs rural dynamics.

Governor Impeachment Process

• Lack of Specified Reasons: Texas Constitution does not detail the reasons for impeachment, positioning it as potentially a political tool.

• Impeachment Process:

  • Majority of Texas House must vote to impeach.

  • The Texas Senate conducts the trial, presided over by the state's Supreme Court chief justice, requiring a 2/3 vote for conviction.

• Historical Impeachment Example: James “Pa” Ferguson is the only governor impeached and removed from office (1915-1917).

Compensation and Powers of the Governor

• Compensation: $150,000 annual salary, access to the governor’s mansion, state limousine, state-owned aircraft, and personal staff (approximately 300).

• Executive Powers:

  • Significant appointment power: 3,000 appointments in a 4-year term to various boards and commissions impacting critical state functions.

Examples of Appointment Power

• Policy Areas of Influence:

  • Water: Appointments related to river authority management and conservation.

  • Health: Councils addressing aging and disabilities, cancer prevention, and health regulations.

  • Law Enforcement: Commissions ensuring law enforcement standards and addressing crime throughout the state.

  • Professional Licensing: Governs various professional boards overseeing licensing requirements.

Budget Power

• Line-Item Veto: Governor can veto individual items in budget appropriations.

  • Cannot impound or transfer funds once appropriated; must be spent as directed by the legislature.

  • Budgetary duties primarily handled by the comptroller and the legislative budget board.

Military and Legislative Powers

• Military Role: Sees the governor serve as commander-in-chief of the Texas National Guard.

• Legislative Powers:

  • Message Power: Sets legislative agenda and outlines budget priorities through State of the State addresses.

  • Veto Power: Includes a post-adjournment veto and the ability to call special legislative sessions throughout the year.

Judicial Powers of the Governor

• Filling Vacancies: The governor fills state judicial vacancies, with most judges being reelected.

• Execution Stays: Ability to grant a 30-day stay of execution; changes to sentences require recommendations from the Board of Pardons and Paroles.

The Plural Executive - Key Roles

• Secretary of State:

  • Appointed by the governor, oversees elections and maintains official records.

• Lieutenant Governor:

  • Presides over the Texas Senate, handles tie votes, and can become governor if the current governor vacates the office.

• Attorney General: The state's chief legal officer, overseeing civil litigation, enforcing laws, and representing the state in legal matters.

Additional Elected Positions

• Commissioners and Board Officers:

  • Commissioner of the General Land Office: Manages state land revenue and environmental protections.

  • Commissioner of Agriculture: Administers consumer protection laws and food inspections.

  • Comptroller of Public Accounts: Oversees state finances, taxation, and revenue projections.

Regulatory Agencies and Oversight

• Railroad Commission of Texas (RRC): Elected body managing oil and natural gas production and rail compliance.

• State Board of Education (SBOE): Oversees education standards, curriculum policies, and textbook selection amidst controversies.

Sunset Advisory Commission

• Review Process: Agencies face termination every 12 years unless they can demonstrate their value and necessity, leading to possible abolitions or mergers.

  • Historical context shows 37 agencies have been abolished since 1979.

Leadership Styles of Recent Governors

• Bill Clements (1979-1983, 1987-1991): Known for significant vetoes and budget cuts.

• Ann Richards (1991-1995): Focused on education reform and anti-crime measures.

• George W. Bush (1995-2000): Promoted educational and tax reforms during his tenure.

• Rick Perry (2000-2015): Known for a robust veto agenda and extensive education reforms.