Texas Executive Branch & Gubernatorial Powers – Lecture Review”

Plural Executive System in Texas

• Adopted in the Constitution of 1876 (referenced in Article 4 § 1)

• Purpose: prevent concentration of power in a single governor; mirrors Reconstruction‐era distrust of a strong executive

• Structure:

  • Multiple independently elected statewide officers + numerous appointed boards/commissions

  • Results in “power sharing” where the governor is only one of many actors guiding executive policy

Core Statewide Elected Executives (besides the Governor)

• Lieutenant Governor

• Comptroller of Public Accounts (controls state finances; absorbed former State Treasurer duties in 1996)

• Land Commissioner

• Attorney General (chief legal officer; co-shares law-enforcement role with the Governor)

• Agriculture Commissioner (implied though not explicitly named in transcript)

• Three-member Railroad Commission (elected; now regulates energy—not railroads)

• Fifteen-member State Board of Education (elected)

Key Appointed Executive Offices/Boards (selected by Governor or Lt. Governor)

• Secretary of State (chief record keeper; only top executive who is appointed, not elected)

• Insurance Commissioner

• Commissioner of Education

• Commissioner of Health & Human Services

• Adjutant General (commands Texas National Guard)

Governor of Texas

Qualifications & Election Mechanics

• Minimum age: 30\text{ years}

• U.S. citizen

• Texas resident for 5 years prior to election

• Four-year term (since 1869 Constitution; reaffirmed 1876)

• No term limit (may serve unlimited consecutive terms)

Salary & Perquisites (2022 figures)

• Base salary: \$153{,}750 /year

• Benefits: Governor’s Mansion housing, security detail, car/driver, access to state aircraft, premium health insurance

Ceremonial & Symbolic Roles

• Head of State (ceremonial) and head of Executive Branch (administrative)

• Represents Texas at formal events and emergencies

Formal Constitutional Powers

1. Annual State of the State Address (legislative briefing)

2. Appointment Power

   • Fills dozens of positions on boards/commissions + Secretary of State appointment

3. Special Session Authority

   • May summon Legislature for 30-day sessions when not in regular 140-day biennial session

4. Pardon/Commutation Power (heavily restricted in Texas)

   • May issue a single 30-day stay of sentence unilaterally

   • All further clemency actions require prior approval by the Board of Pardons & Paroles

5. Commander-in-Chief of Texas National Guard (when not federalized)

   • Appoints Adjutant General

6. Disaster & Emergency Management

   • Declares states of emergency, requests (or declines) federal aid, orders evacuations

Informal Powers & Expectations

• Public looks to Governor as de facto CEO despite plural structure

• Political agenda-setter; media focal point during crises (e.g., Hurricane Harvey)

Historical & Trivia Highlights

• Early female political advancement: Miriam “Ma” Ferguson elected 1925 (second female U.S. governor, 48 hr after Wyoming’s Nellie Ross); spouse James “Pa” Ferguson had earlier been governor

• Education pipeline: More Texas governors graduated from Baylor University than any other state institution; Texas A&M produced none until Gov. Rick Perry (first Aggie, longest-serving at 15 yrs)

• Notable governors with disabilities: current Gov. Greg Abbott (paraplegic following freak accident); aligns Texas with limited national examples (e.g., David Paterson NY, Bob Riley AR)

• Common stepping-stone offices: Attorney General, Lieutenant Governor, state legislator, Railroad Commissioner; occasional federal posts (e.g., Sec. of Defense John Connally)

Ethical & Practical Implications of Pardon Power (Comparative)

• Nationwide risk of cronyism or moral overreach (KY governor pardoning relative; CA Gov. Newsom’s death-penalty moratorium; President Clinton’s Mark Rich pardon)

• Texas safeguard: Board of Pardons & Paroles creates a formal check—model suggested for other states

Commander-in-Chief Role & National Guard Context

• National Guard Act of ~1903 modernized state militias; provides part-time, professionally trained force

• State Guard missions: riot control, disaster relief, overseas deployments when federalized

• Governor appoints Adjutant General (e.g., Maj. Gen. Tracy Norris—first female Texas Adjutant General, Iraq War veteran, UT alumna)

Disaster-Management Decision Matrix (Illustrative Scenarios)

• Mandatory evacuation vs. shelter-in-place dilemma (Hurricane Harvey vs. Katrina)

• Federal assistance request = gubernatorial prerogative; refusal can exacerbate human toll (Gov. Kathleen Blanco LA, Katrina)

Lieutenant Governor of Texas

Qualifications & Term

• Identical to Governor: 30 yrs old, U.S. citizen, 5-yr residency, 4-yr term, unlimited reelections

Constitutional & Statutory Powers

1. Successor/Acting Governor

   • Serves during impeachment, incapacity, death, or governor’s out-of-state travel

2. President of the Senate

   • Appoints all Senate committee memberships & chairs

   • Controls bill referral and floor calendar (scheduling debates/votes)

   • Rules on parliamentary procedure

3. Fiscal Influence

   • Chairs Legislative Budget Board (LBB); can rewrite or reject legislative budget proposals

4. Appointment Authority

   • Seats various boards/commissions (often jointly or independently of Governor)

5. Promotional Duties

   • Cultivates state culture, tourism, recreation (soft-power portfolio)

Practical Outcome

• Considered one of the most powerful lieutenant governorships in U.S.; Dan Patrick’s slogan: “most powerful man in Texas” has partial factual basis

Additional Executive/Regulatory Entities Mentioned

• Insurance Commissioner, Health & Human Services Commissioner, Education Commissioner (appointed)

• Adjutant General (appointed military post)

• Railroad Commission: three elected commissioners, oversees oil & gas, pipelines, mining—not railroads anymore

• State Board of Education: 15 elected members, sets curriculum/standards

Connections to Broader Governmental Principles

• Plural executive reflects separation-of-powers & anti-centralization ethos similar to early U.S. Articles of Confederation mentality

• Checks & balances within executive branch (Board of Pardons & Paroles over clemency; LBB over budget vs. Legislature)

• Federalism: Governor’s gatekeeper role for federal disaster aid upholds Tenth Amendment state sovereignty

Real-World Evaluation Metrics for Governors

• Disaster response effectiveness (Harvey, Ian, Katrina case studies)

• Fiscal stewardship via budget outcomes

• Appointment track record and agency performance

• Ethical use of pardon/commutation authority

Key Numbers & Dates (Quick Reference)

• Constitution creating plural executive: 1876 (Article 4)

• State Treasurer abolished: 1996 (constitutional amendment)

• Governor annual salary (2022): \$153{,}750

• Term length since 1869: 4 years; term limits: 0

• Miriam Ferguson sworn in: 1925 (48 hr after WY’s Nellie Ross)

• National Guard Act ~1903

• Rick Perry tenure: 2000–2015 (≈15 yrs)

Study Tips & Possible Exam Angles

• Be able to list ALL statewide elected executives and identify whether offices are elected or appointed

• Distinguish Governor vs. Lieutenant Governor powers (esp. budget & legislative scheduling)

• Explain Texas’s safeguard on pardons and contrast with other states/federal level

• Provide examples showing why disaster management is both a legal power and a political litmus test

• Remember trivia (first female governor, longest-serving governor, university trends) as potential multiple-choice fillers