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The Texas Legislature

Chapter 8

The Role and Structure of the Texas Legislature

The Texas state legislature is the most important representative institution in the state. 

The Texas Constitution spells out in Article 3 precisely how the legislature is to be organized.

Like members of Congress, members of the Texas House and Senate are responsible for bringing the interests and concerns of their constituencies directly into the democratic political processes.

To understand the role that the legislature plays in democracy in Texas, important differences between the U.S. Congress and the Texas state legislature must also be taken into account.

1. The U.S. Constitution guarantees that every state will have a republican form of government, and the Texas Constitution complies with this by establishing a bicameral legislature modeled on the U.S. Congress. As such, members share many of the duties and responsibilities that are taken up at the national level by members of the U.S. Congress.

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Bicameralism

Texas’s bicameral legislature has two chambers that meet in a regular session for 140 days in every odd-numbered year.

The Texas House of Representatives: 150 House members (two-year terms)

The Texas Senate: 31 senators (four-year terms)

Before a law is passed, it will be voted on by both deliberative bodies.

Bicameralism is meant to ensure that no one chamber takes complete control of the lawmaking process.

Bicameral: having a legislative assembly composed of two chambers or houses.

Texas House members serve two-year terms. Each represents a single-member district of approximately 194,000 people.

Texas senators serve four-year terms. Each represents over 941,000 constituents. 

While bicameralism necessarily leads to more compromise, one drawback is that it might lead to situations in which major issues are not adequately or swiftly addressed.

In Texas, the author of a bill in one house that has been amended in the other body has the option of accepting or rejecting the amendment.

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Sessions of the Legislature

Not all state legislatures meet for the same time periods.

Some meet every year, like the U.S. Congress.

Texas’s legislature generally meets every other year unless the governor calls it to meet between regular sessions.

Regular Sessions

The Texas Constitution specifies that regular sessions of the legislature be held for 140 days biennially in odd-numbered years.

Thousands of bills and resolutions are introduced during a regular session.

In the 2023 regular legislative session, for example, 8,046 bills were introduced and 1,246 passed. The governor vetoed 77 of the bills passed by the legislature.

Regular session: the 140-day period, occurring only in odd-numbered years, during which the Texas legislature meets to consider and pass bills.

Biennial: occurring every two years.

With the growth in population and the state’s gross domestic product exceeding that of many nations, is having part-time legislators serving biennial 140-day sessions still sufficient?

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Special Sessions

The governor may call a special session of no more than 30 days.

The ability to call a special session provides the governor with control over which issues are discussed and what bills are passed.

In 2023, Governor Abbott called two special sessions to address reducing property taxes. This was a key issue for Abbott. One of his most prominent campaign promises was to implement the largest property tax cut in the state’s history.

Special session: a legislative session called by the governor that addresses an agenda set by him or her and that lasts no longer than 30 days.

Because there is no limit to the number of sessions a governor can call and he or she sets the agenda, the governor has great control over which issues are discussed and what bills are passed. Texas has averaged one special session a year since 1876.

Between legislative sessions, members serve on interim committees and are often called on to speak at schools and clubs. 

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Legislative Staff

The legislature would not be able to function without legislative staff. 

Texas employed 2,175 staff members in 2021, a slight decrease from 2015.

Legislative staff is essential to making sure that the legislature functions in session and out of session. 

They work behind the scenes serving their legislator and Texans.

Staffers take care of helping constituents with their concerns. 

1. This places Texas among the states with the most staff, based on nationwide data by the National Council of State Legislatures.

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How Much Do Legislators Get Paid?

Legislators cannot expect to live on their legislative salaries. 

$7,200 per year

$221 per day when legislature is in session

Up to 12 days per month of per diem if on official business when the legislature is out of session (16 days if committee chairs)

Legislative pensions are quite generous, especially for long-term legislators. 

Per diem: daily payment to a public official engaged in state business.

The pension is tied to district judges’ salaries, which are $140,000 a year. That salary is multiplied by the years of service of the legislator times 2.3 percent. A legislator who has served 10 years thus would qualify for a pension of $32,200 per year, and one who has served 20 years for a pension of $64,400 per year.

Lawmakers are eligible for pensions with at least 8 years of service. With 8 years of service, the lawmaker can start collecting a pension at age 60. With 10 years of service, a lawmaker can start collecting at age 50.

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Representation in the Texas Legislature 

Both House and Senate districts are single-member districts: districts in which one official is elected for each legislative chamber.

Legislators work on behalf of constituents by engaging in:

Legislative activities: introducing bills, voting, and so on

Nonlegislative activities (constituent service): giving speeches, arranging appointments with government agencies, writing letters of recommendation, and so on

Republicans control both houses of the Texas legislature.

Districts must be roughly equal in population. House districts each contain just over 194,000 people, while Senate districts contain just over 940,000.

Single-member district: a district in which one official is elected rather than multiple officials.

Constituent: a person who is represented by an elected official.

Constituent service: non-legislative activities legislators perform to assist people living in their districts, including writing letters of recommendation, giving speeches to civic groups, or working to solve a problem for someone in their community.

Women of all races and ethnicities have also had an increased role in politics, especially since the 1970s, as evidenced by the sharp increase in the number of female legislators elected in 2018 and 2020.

In 2022, Texas made history with the election of the first Muslim and South Asian lawmakers to the Texas House of Representatives (Salman Bhojani and Suleman Lalani). In the 2023 legislature, there were also nine LGBTQ lawmakers—a record for Texas.

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Redistricting

Redistricting is especially important in Texas, as the makeup of the population in each district has a profound impact on the results.

Representation in Texas is by single-member districts.

Districts must have roughly equal populations: the one-person, one-vote principle.

Redistricting takes place after each census.

The legislature draws new maps.

The Legislative Redistricting Board rules in cases where there is no agreement.

Redistricting: the process of redrawing election districts and redistributing legislative representatives in the Texas House, Texas Senate, and U.S. House; this usually happens every 10 years to reflect shifts in population or in response to legal challenges in existing districts.

Single-member district: a district in which one official is elected rather than multiple officials.

One-person, one-vote principle: the principle that all districts should have roughly equal populations.

Texas redistricting plans must comply with the federal Voting Rights Act, although the U.S. Supreme Court has recently weakened that law.

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Gerrymandering

Because who votes in a district strongly influences who gets elected from that district, politics inevitably plays a key role in redistricting.

Gerrymandering is the practice of state legislatures manipulating the boundaries of district maps to favor one party or group. 

The term originated from the strangely shaped districts established under Elbridge Gerry, the governor of Massachusetts in 1812.

One contentious area in redistricting is the use of race in the drawing of political boundaries. Racial gerrymandering refers to drawing district lines to advantage one racial group of voters over another. 

The earliest examples of racial gerrymandering involved attempts by White politicians to restrict the voting power of Black people by dividing concentrations of Black voters across multiple districts or simply removing them from a voting jurisdiction.

Another form of gerrymandering, referred to as partisan gerrymandering, involves the drawing of political boundaries to benefit one party at the expense of the other. Partisan gerrymanders are often designed to protect incumbents by drawing districts to encompass more of that incumbent’s supporters, thus making the district more secure.

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Power and Partisanship in the Redistricting Battle

Redistricting is highly controversial and partisan, as one can draw district lines to provide an advantage to specific candidates or parties. 

In 2021, Governor Abbott had to call a special session to address redistricting.

As expected, the Republican-held legislature created maps that favored Republicans.

Two new seats were added, and new districts were added in Austin and suburban Houston.

Several districts were redrawn to maintain the Republican majority in the state’s Congressional delegation.

Redistricting is almost never neutral or apolitical. 

The 2003 Republican effort was unconventional in that it occurred in midcycle—that is, it was the second redistricting after the 2000 census. As a rule, redistricting occurs only once after each decennial census, although there is no legal requirement that this be the case.

The key point to drive home is that there is no neutral way to redistrict. The decision rule used is always political. Is there a more desirable rule? Iowa has a rule that a bipartisan board must create as many competitive districts as possible. Is this a good rule to use?

Explain that redistricting is important because the state decides where the districts will be located. Apportionment allocates only the number of seats to the state. The federal government does not tell us where the new representatives will come from. In other states, redistricting is sticky because members lose their districts. It is worth exploring those maps, too. 

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Powers of the Legislature

The Texas legislature sets public policy by passing bills.

It also supervises the state bureaucracy through the budgetary process and the Sunset Act.

An act that provides for the review, and when deemed appropriate, the termination of state agencies

This supervision is achieved using both legislative and nonlegislative powers.

Legislative powers consist of passing bills and resolutions, while nonlegislative powers are those functions falling outside the lawmaking function.

The Texas legislature sets public policy, but it also supervises the state bureaucracy. Note the application of the Sunset Act.

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Legislative Powers: Bills

Bills are proposed laws introduced in the House and Senate.

It has become customary to introduce bills to the House and Senate at the same time.

Bills may be classified into one of three categories. 

Local bills 

Special bills 

General bills

Bill: a proposed law that has been sponsored by a member of the legislature and submitted to the clerk of the House or Senate.

Local bill: a bill affecting only units of local government, such as a city, county, or special district.

Special bill: a bill that gives an individual or a corporation special exemptions from state law. 

General bill: a bill that applies to all people and/or property in the state.

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Resolutions 

Resolutions are expressions of opinion on an issue by a legislative body.

There are three types of resolutions: 

Concurrent resolutions 

Joint resolutions 

Simple resolutions

Resolutions are also adopted to honor constituents.

Resolution: an expression of opinion on an issue by a legislative body.

Concurrent resolution: a resolution that is of interest to both chambers of the legislature and must pass both the House and Senate and generally be signed by the governor.

Joint resolution: a resolution, commonly a proposed amendment to the Texas Constitution or ratification of an amendment to the U.S. Constitution, that must pass both the House and Senate but that does not require the governor’s signature.

Simple resolution: a resolution that concerns only the Texas House or Senate, such as the adoption of a rule or the appointment of an employee, and that does not require the governor’s signature.

In addition to passing major bills, the legislature also pass resolutions honoring constituents. In 2023 the legislature passed a resolution redesignating Mansfield (site of the annual St. Paddy’s Pickle Parade and Palooza) as the pickle capital of Texas for the next 10 years and honored Rod Ponton (the internet famous “cat lawyer”) for his contributions to West Texas.

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Nonlegislative Powers

Legislators use their power to serve their constituents in activities such as writing a letter of recommendation.

Other nonlegislative powers include electoral powers, investigative powers, directive and supervisory powers, and judicial powers.

Judicial powers include the ability of the House to impeach members of the executive and judicial branches of state government.

Electoral powers: the legislature’s mandated role in counting returns in the elections for governor and lieutenant governor.

Investigative powers: the power, exercised by the House, the Senate, or both chambers jointly, to investigate problems facing the state.

Directive and supervisory powers: the legislature’s power over the executive branch; for example, the legislature determines the size of appropriations for state agencies. 

Judicial powers: the power of the House to impeach and of the Senate to convict members of the executive and judicial branches of state government.

Impeachment: according to the Texas Constitution, the formal charge by the House of Representatives that leads to a trial in the Senate and possibly to the removal of a state official.

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How a Bill Becomes a Law in Texas 

The House:

Introduction

Referral

Consideration by standing committee

Floor action

Steps 1–4 repeated in the Senate

5.   Action by a conference committee and approval by both houses

6.   Action by the governor

The process of how a bill becomes law can seem detailed and complicated. However, when the process is distilled to its basic parts, there are only six steps. For a bill that starts in the House these steps are (1) introduction, (2) referral, (3) consideration by standing committee, and (4) floor action. Steps (1) through (4) are repeated in the Senate. Step (5) is action by a conference committee and approval by both houses, and finally, step (6) is action by the governor.

Introduction: the first step in the legislative process, during which a member of the legislature drafts a bill and files a copy of it with the clerk of the House or secretary of the Senate.

Referral: the second step in the legislative process, during which a bill is assigned to the appropriate standing committee by the Speaker (for House bills) or the lieutenant governor (for Senate bills). 

Consideration by standing committee: the third step in the legislative process, during which a bill is killed, amended, or heard by a standing committee. 

Floor action: the fourth step in the legislative process, during which a bill referred by a standing committee is scheduled for floor debate by the Calendars Committee.

Conference committee: a joint committee created to work out a compromise on House and Senate versions of a piece of legislation.

A bill introduced in the Senate would follow the same procedure in reverse.

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Introduction

Introduction: the first step in the legislative process, during which a member of the legislature drafts a bill and files a copy of it with the clerk of the House or secretary of the Senate.

The clerk or secretary numbers the bill and enrolls it by recording its number, title, caption, and sponsor in a ledger.

Similar information is entered into a computer.

Legislative rules require that the bill be read on three separate occasions. 

After enrollment, the bill is read for the first time by its number, title, and caption.

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Referral

Referral: the second step in the legislative process, during which a bill is assigned to the appropriate standing committee by the Speaker (for House bills) or the lieutenant governor (for Senate bills).

The committee to which a bill is assigned can determine whether the bill survives or dies in committee.

1. Standing committee: a permanent committee with the power to propose and write legislation that covers a particular subject, such as finance or agriculture.

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Committee Action

Consideration by committee: the third step in the legislative process, during which a bill is killed, amended, or heard by a standing committee.

The chair of the committee kills most bills by pigeonholing.

If the bill does not die in committee, it most likely is amended.

Parts of several bills can also be combined to form a single bill.

Pigeonholing: a step in the legislative process in which a bill is killed by the chair of the standing committee to which it was referred, as a result of his or her setting the bill aside and not bringing it before the committee.

Hearings can take place to allow experts and the public to educate committee members on the good and bad points of the bill.

In the Senate, all bills reported by the committee must have a public hearing.

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Floor Action

In a floor action, a bill is referred by the standing committee and scheduled for floor debate.

Debate in the Senate is unlimited, and senators may be able to filibuster.

Filibuster rules differ from those in the U.S. Senate.

Given that the Senate has limited time, the “regular order of business” can determine the fate of legislation. 

The Speaker determines the length of debate in the House. Customarily, each member is allowed 10 minutes of debate.

Filibuster: a tactic used by members of the Senate to prevent action on legislation they oppose by continuously holding the floor and speaking until the majority backs down.

Once given the floor, senators have unlimited time to speak as long as they follow Senate rules; a vote of three-fifths of the Senate is required to end a filibuster.

There are certain rules that apply to the filibuster in the Texas Senate that are quite different from those in the U.S. Senate. There is no eating or drinking during a filibuster. Senators must stand at their desks and may not lean, sit, or use their desk or chair in any way. Remarks must be confined to the issue under consideration. Finally, one must speak in an audible voice.

Bills are considered in the order they come out of committee. Given that the Senate has limited time, the “regular order of business” can determine the fate of legislation. However, on highly salient issues, the Senate can suspend the rule and fast-track consideration of a bill. These days, simple majority is enough to fast-track legislation. 

Another tactic used in both the House and the Senate to prevent or delay passage of a bill is called “chubbing.” Here, one or more members debate bills at length to slow down the legislative process. Like the filibuster, this is a particularly effective tactic as the legislative session draws to a close.

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Conference Committee

A conference committee is a joint committee created to work out a compromise on House and Senate versions of a piece of legislation.

10 members: 5 members from the House appointed by the Speaker and 5 members from the Senate appointed by the lieutenant governor

Bills must pass the House and Senate in exactly the same form. 

After differences are reconciled, the next step is the governor’s desk. 

After the conference committee, the Speaker of the House, the clerk of the House, the president of the Senate (lieutenant governor), and the secretary of the Senate sign the bill. Signatures of the Speaker and lieutenant governor are required by Article 3, Section 38, of the Texas Constitution. The next stop is the governor’s desk.

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The Governor

It is the governor’s responsibility to sign or veto legislation.

The governor’s veto can be overridden by a two-thirds vote of both the House and Senate.

Only two vetoes have been overridden in more than 70 years.

A post-adjournment veto occurs after the legislature adjourns, thus preventing an override.

The governor of Texas also has the power of the line-item veto.

Veto: according to the Texas Constitution, the governor’s power to turn down legislation can be overridden by a two-thirds vote of both the House and Senate. 

Post-adjournment: a veto of a bill that occurs after the legislature adjourns, thus preventing the legislature from overriding it.

If the governor neither signs nor vetoes the bill in 10 days, it becomes law without the governor’s signature.

Line-item veto: the power of the executive to veto specific provisions (lines) of an appropriations bill passed by the legislature.

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Other Ways in Which the Governor Influences Legislation

The governor also influences legislation through speeches and visits with legislators. 

Early in each session, the governor delivers a State of the State message that is similar to the president’s State of the Union message. 

In this address, the governor puts forth a vision for Texas and what legislation will accomplish that vision.

Additionally, if the governor chooses to submit an executive budget, a letter stating why this budget should be adopted accompanies it.

The governor often sends his staff to meet with legislators. Much like lobbyists, they use their skills to encourage passage of bills the governor favors and to kill bills the governor opposes.

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The Comptroller of Public Accounts

Issues revenue estimates to inform the legislature of how much money it can spend in the next two years.

Texas’s operating budgets must balance. 

Revenue estimates provided by the comptroller set limits on state spending. 

These estimates can be political in nature. 

Revisions increasing the spending limit are often necessary, as seen during the COVID-19 pandemic.

The comptroller of public accounts can use revenue estimates to push bills that he or she wants.

Texas’s operating budgets must balance because the Texas Constitution forbids borrowing money to conduct the daily operations of government.

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The Media

The media can determine issues of legislative importance by the selection of stories they cover.

If they cover more crime-related stories, criminal justice issues will likely move toward the top of the legislature’s agenda.

The same holds true for many issues.

The media also inform the public about the issues the legislature is considering and about the job it is doing during the session.

Stories portraying the legislature as modern, efficient, and hardworking provide the public with a positive image.

Stories about legislators sleeping at their desks or killing legislation on technicalities provide a negative image.

The Courts

The scrutiny of federal and state courts influences the legislative agenda.

The ability to rule acts of the legislature and actions of state agencies unconstitutional gives courts significant power over issues the legislature addresses.

Recent subjects of the courts’ scrutiny include the prison system, the treatment of patients in mental hospitals, the funding of public education, and equality of funding for universities in south Texas.

To a remarkable degree, state and federal courts have issued decisions that have forced the Texas legislature to act in areas it would have preferred to avoid—largely because action required a significant expenditure of money.

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Lobbyists and Interest Groups

During a regular session, roughly 1,800 individuals register as lobbyists and attempt to influence the legislature.

A lobbyist’s job is to convince legislators to support the interest the lobbyist represents.

Interest groups in Texas have been actively involved in supporting legislation as well as stopping legislation they do not support.

The Texas Association of Business lobbies lobbying legislators to support its agenda of lower taxes and fewer regulations.

Many more interest groups employ lobbyists to influence and educate legislators in Austin as well as in Washington, D.C.

The Public

Individuals can influence legislators, who are evaluated at each election. 

If the people believe their elected officials are representing them well, legislators are re-elected. 

Legislators who fail to live up to expectations might not be re-elected.

The public can serve as lobbyists by sending letters, writing emails, and making telephone calls urging representatives or senators to vote a certain way.

Some legislators also commission public opinion polls, giving them a better understanding of where the public stands on issues.

In many instances, the public will write to legislators when the media publicize a particular issue, or an interest group will make it easier for members to write to their legislators.

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Key Players

The Speaker of the Texas House of Representatives is the most important party and House leader.

Influences the legislative agenda, the fate of legislation, and House members’ positions

The lieutenant governor of Texas is the presiding officer of the Senate.

Has significant control over legislation in the state Senate

The Speaker and the lieutenant governor can usually kill legislation they oppose, and often they have the power to pass legislation they support.

Speaker: the chief presiding officer of the House of Representatives; the Speaker is the most important party and House leader, and can influence the legislative agenda, the fate of individual pieces of legislation, and members’ positions within the House.

The Speaker of the House, elected and empowered by House members at the beginning of the regular session, wields vast power.

Lieutenant governor: a statewide elected official who is the presiding officer of the Senate; the lieutenant governor is one of the most important officials in state government and has significant control over legislation in the state Senate; he or she is the second-highest elected official in the state and president of the state Senate.

The lieutenant governor is elected statewide to a four-year term. The lieutenant governor is not a member of the Senate. He or she may vote only to break a tie. Powers granted to the lieutenant governor under the Senate Rules include the power to decide all questions of order; recognize members on the floor; break a tie on a particular vote; refer bills to committees; and appoint members to standing committees, subcommittees, special committees, and conference committees.

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Centralizing Power: Sources of the Leadership’s Power

In the Texas legislature, power has become centralized in the Speaker and lieutenant governor.

The two-thirds rule: a bill must receive a two-thirds vote in the Senate to be voted on out of sequence.

Abolished in 2015

In the House, the power of recognition allows the Speaker to determine who speaks and how long debate will last.

Typically, senators are required to take up bills and resolutions for debate according to the "regular order of business.“ Senate rules also provide a means of getting around the regular order of business requirement. That is, a bill, joint resolution, or resolution affecting state policy may be considered out of its regular calendar order if two-thirds of the members present vote to suspend the regular order of business.  

As the Texas Senate has become more partisan, it is not surprising that Lieutenant Governor Patrick was able to successfully change Senate rules to abolish the two-thirds rule altogether in 2015. Republicans did not want to rely on having to lure a single Democratic senator in order to pass their legislation.

Recognition: the power to control floor debate by recognizing who can speak before the House and the Senate.

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Appointment Power

The Speaker and the lieutenant governor have the power to assign members to standing committees and to appoint the chairs of those committees.

Legislators’ party affiliation and seniority are of only moderate importance.

Loyalty and personal relationships are more important.

The Speaker and the lieutenant governor can choose the committees to which to send a bill, influencing its fate.

Leadership can choose the committees to which to send a bill, allowing for more likelihood of passage or less likelihood.

The leaders also determine who is on the conference committee. You may want to have the students imagine what life is like for legislators who antagonize the Speaker.

While Democrats in the House are able to get committee appointments, the Senate is becoming more partisan under Dan Patrick. All of his appointments have been Republicans

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Partisan Voting in the Texas Legislature

Between 1876 and 1980, the Democratic Party controlled both houses of the Texas legislature.

The last 30 years of the twentieth century saw the growth of the Republican Party, culminating in the Republican seizure of power.

Ideological differences between Democrats and Republicans now play a major role in legislative politics.

It is harder to identify common ground and to produce a policy consensus, especially as partisan polarization has significantly increased over the last several decades.

The Legislature and the Future of Texas

Much like the U.S. Congress, the Texas legislature is divided and polarized.

Significant ideological divisions exist even within the Republican party.  

The two-thirds rule has ended in the Texas Senate, which will lead to more partisanship.

In some ways, the legislature seems like an archaic institution, but that seems unlikely to change soon.

While Democrats have gained strength in cities and suburbs, Republicans continue to maintain control.

Restoring public trust in the legislature is essential for the institution to address many of the important policy challenges facing the state now and in the future. With over 30 million citizens and the ninth largest economy in the world by GDP, the Texas Legislature has a central role in addressing important challenges faced by the state as it continues to grow, including the state’s critical infrastructure needs, access to quality health care for Texans, the quality of education for the state’s nearly 5.5 million children attending Texas public schools, and the ongoing challenges at the border. 

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The Texas Executive Branch

Chapter 9

Why the Executive Branch Matters

Texas has multiple centers of power in its executive branch. 

This reflects the concern of the framers of Texas’s 1876 Constitution that power should be dispersed. 

Some of these positions are highly visible, while others are obscure. 

All executive officials but one are independently elected. 

The Secretary of State is the only executive official appointed by the Governor. 

Scott briefly represented Donald Trump in his legal challenge of the 2020 election results that sought to overturn Joe Biden’s victory in Pennsylvania. On November 13, 2020, Scott was announced as an attorney representing Trump in his attempt to stop the Pennsylvania election certification. Three days later, on November 16, he filed a motion to withdraw as counsel after a circuit court ruling gutted his arguments.

Scott’s first major task as the secretary of state involved overseeing one of the most extensive election audits in the nation.

John Scott’s appointment as the secretary of state tells us that even a Texas executive office, in which duties are mostly routine administrative tasks, has responsibilities that have far-reaching consequences. The executive branch matters a lot in the lives of Texans.

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The Governor (1 of 2)

Executive power in Texas is divided, and the governor has less formal power than most state governors.

Texas ranks 41st among the states in the overall institutional powers of the governor. 

The governor has the line-item veto for the amounts in appropriation bills.

The Constitution of 1876, a reaction to the power of the executive under Reconstruction, placed strict limits on the governor’s power.

Power was further fragmented among other officeholders.

The Governor (2 of 2)

Governors who develop collaborative relationships can realize more goals than the powers of the position would otherwise allow.

Powers the governor does have:

To call special sessions of the legislature

To pardon criminals

To appoint people to governing boards and commissions

To declare martial law

To veto acts of the legislature

Qualifications

There are three constitutional qualifications for governor:

Be at least 30 years of age

Be a U.S. citizen

Live in Texas for five years immediately before the election

Governors have tended to be male, White, conservative, Protestant, and middle-aged and to have considerable political experience.

Prospective governors must also have access to money, as gubernatorial campaigns are prohibitively expensive. 

Two women, Miriam Ferguson and Ann Richards, have served as the governor of Texas.

Comment on the dynamics of Texas politics from a demographic standpoint. 

How important is being a U.S. citizen as a qualification to be the governor of Texas, considering the tens of thousands of noncitizen tax-paying residents of Texas?

Texas is now a majority-minority state, so why have there been no African American or Hispanic governors?

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Election and Term of Office

Governors serve four-year terms (changed from two years in 1974).

George W. Bush was the first governor elected for two consecutive four-year terms. 

Rick Perry served from 2000 through 2014, the longest tenure for a Texas governor. 

Elections are held in off-years.

Low turnout in gubernatorial contests

Comment on the advantages or disadvantages of terms limits for the Texas governor.

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Campaigns

Campaigns, first to win the party’s primary and then to win the election in November, can last over a year.

Campaigns are very expensive.

Governor Abbott began his campaign for his third term with $55 million in the bank in June 2021, making his cash on hand larger than that of any other statewide candidate in Texas history.

Successful candidates must win their party’s primary election in March.

During the primary, Abbott faced several notable Republican challengers from the conservative wing of the party.

Campaigns are very expensive—should there be more stringent campaign finance laws in place?

What is the effect of having virtually no limits on campaign financing in terms of who runs and gets elected to office in Texas?

Abbott’s challengers pushed him on reinstating the U.S.–Mexico border wall construction and argued that Abbott must do more to stop the “invasion of illegal aliens” and were critical of Abbott’s actions during the coronavirus pandemic, particularly his decision to close the economy and his lengthy silence on banning federal and employee vaccine mandates.

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Removal of a Governor

The only constitutional method of removal is via impeachment and conviction.

An impeachment charge in the House leads to a trial in the Senate and possible removal from office.

A majority vote in the House is required to impeach.

A two-thirds vote of the senators present and voting is required to convict.

Governor James Ferguson was the only Texas governor to be impeached and convicted.

Impeachment: the formal charge by the House of Representatives that leads to a trial in the Senate and the possible removal of a state official

Comment on some of the causes or reasons for impeachment.

Can the articles of impeachment for the U.S. president serve as a guide?

Should Texas have a recall provision in its constitution, similar to that of California?

Governor James Ferguson was the only Texas governor to be impeached and convicted. He had sought to remove several members of the faculty at the University of Texas at Austin whom he opposed, and when he failed to remove them, he vetoed practically the entire University of Texas legislative appropriation. This led to broader investigations and 21 articles of impeachment. He was banned from running again; however, his wife, Miriam Ferguson, ran and served two terms as governor—from 1925 to 1927 and from 1933 to 1935.

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Succession

The lieutenant governor becomes governor if the office is vacant.

In December 2000, a succession occurred when Governor Bush became president-elect and Lieutenant Governor Perry became governor.

If the governor leaves the state, then the lieutenant governor becomes acting governor.

If the governor is impeached, then the lieutenant governor is made acting governor.

Legislation further defines succession in descending order from the governor to the lieutenant governor, president pro tempore of the Texas Senate, Speaker of the House, attorney general, and the chief judges of the Texas courts of appeal.

If Governor Greg Abbott were impeached, what kind of a governor would Dan Patrick make?

While serving as an acting governor, the lieutenant governor earns the governor’s daily salary, which is far better than the $26 earned daily as lieutenant governor.

The only time a Texas governor died in office was when Governor Beauford Jester suffered a fatal heart attack on July 11, 1949. Lieutenant Governor Allan Shivers became governor and, like Perry, was able to win later in an election to that office.

9

Compensation

The governor’s salary is set by the legislature: it is $153,750 yearly.

In addition to this salary, the governor receives an official mansion near the capitol grounds.

The governor also receives use of a vehicle and a state-owned aircraft and the services of a personal staff.

Is the governor paid too little or too much? 

What is the impact of a salary that is too low in a state that is fabulously wealthy but has a  very significant income inequality?

10

Staff

The governor’s staff of nearly 300 people includes a chief of staff, a deputy chief of staff, a general counsel, and a press secretary.

Also, during a four-year term, the governor makes appointments to various state posts.

Recent governors have used their staff to make themselves more accessible to the public.

Some staff members talk with legislators and inform the governor when a personal touch might make a difference in the outcome of legislation. 

Should the governor fill positions based on merit or political loyalty?

Governors have used their staffs to be more accessible to the public. In what ways should the Texas executive branch be more transparent and accountable?

Governor Abbott’s chief of staff is Luis Saenz. Under Saenz’s supervision are staff offices that deal with such matters as scheduling for the governor, political matters relating to the first lady, appointments to offices, legislative matters, budget, policy, and constituent communications.

11

Executive Powers of the Governor

Texas has a board or agency form of government.

Over 400 state boards, commissions, and agencies make up the executive branch.

The governor’s appointment power is the most significant executive power.

It allows a degree of control of over 400 governmental entities.

The power of patronage enables the governor to confer grants, licenses, favors, and political appointments to supporters.

To a great degree, the effectiveness of a governor’s appointees will determine the governor’s success in office.

Appointment: the power of the chief executive, whether the president of the United States or the governor of a state, to appoint persons to office

Governor Perry amassed massive power during his long time as governor. Is that too much power and influence over state policy? 

Patronage: the resources available to higher officials, usually opportunities to make political appointments to offices and to confer grants, licenses, or special favors to supporters

12

Appointment Power

In some cases, the governor shares appointment power with others.

Other entities are both advisory and appointed by several different officers.

When the governor appoints people to office, the Senate must also confirm them, but because the Senate may not meet for almost two years, the appointee takes office immediately.

The Senate’s Role in Gubernatorial Appointments

One important limitation to the power to appoint people to office is senatorial courtesy: the informal requirement that an individual’s state senator must approve the appointment.

The governor also cannot remove an appointee who refuses to resign unless the governor can show cause and get two-thirds of the Texas Senate to approve.

This, together with senatorial courtesy, can be a significant limitation on the governor’s power.

Senatorial courtesy: in Texas, the practice whereby the governor seeks the indication that the senator from the candidate’s home district supports the nomination

Governors can fire chairs of boards at their pleasure. 

What would be an example of senatorial courtesy in practice?

If a gubernatorial nominee is rejected, does that say anything about the political skills of the governor?

If the governor appoints, why can’t the governor also fire appointees or remove them from office?

Do governors’ appointees have recourse if they experience pressure from the governor to resign?

14

Budgetary Power

The governor submits an executive budget to the legislature.

This budget indicates the governor’s priorities.

The executive budget is overshadowed by the legislative budget prepared by the Legislative Budget Board.

The governor has some control over appropriations bills via the line-item veto.

If the governor declares a state of emergency, then they can bypass the other members of the Legislative Budget Board and authorize the use of funds. 

Executive budget: the state budget that is prepared and submitted by the governor to the legislature and that indicates the governor’s spending priorities. The executive budget is overshadowed in terms of importance by the legislative budget

Legislative budget: the state budget that is prepared and submitted by the Legislative Budget Board (LBB) and that is fully considered by the House and Senate

Why is the budget of the Texas governor considered DOA (dead on arrival)?

What restricts the budgetary powers of the Texas governor?

15

Military and Police Power

The governor is commander in chief of the state’s National Guard units (when not under presidential order).

The Texas National Guard has been used to help patrol the Texas-Mexico border and to provide disaster relief during Hurricane Harvey.

The governor can declare martial law.

The governor appoints, with Senate approval, the three-member Public Safety Commission, which directs the work of the Department of Public Safety (DPS).

However, law enforcement and police power are primarily a local responsibility. 

Martial law suspends most civil authority and imposes military rule. In what situations might this be necessary?

The Department of Public Safety (DPS) is responsible for highway traffic enforcement (highway patrol), drivers’ licensing, motor vehicle inspection, truck weighing stations, and the Texas Rangers (an elite, highly trained force of about 150 officers with 58 support staff). 

16

Legislative Powers of the Governor

The governor’s legislative powers include message power, the veto, and the ability to call special sessions.

Message power: any communication between the governor and the legislature, including the State of the State message

Veto power: governors can sign or veto legislation.

A veto enacted after the legislature adjourns is called a
post-adjournment veto.

The line-item veto allows the governor to veto individual parts of an appropriations bill.

In 2023, Abbott issued the most vetoes since becoming governor (77). 

The governor’s executive budget is also a form of message power, and governors may lobby to pass or defeat bills that are important to them.

Veto: the governor’s power to turn down legislation; it can be overridden by a two-thirds vote of both the House and the Senate.

Post-adjournment veto: a veto of a bill that occurs after the legislature adjourns, thus preventing the legislature from overriding it

The post-adjournment veto is also known as a strong veto. It is absolute because the legislature that passed the vetoed bill no longer exists. Abbott’s 2021 line-item veto was in retaliation for the Democrats walking out in the second-to-last day of the session to prevent the election overhaul bill from passing. “Texans don’t run from a legislative fight, and they don’t walk away from unfinished business,” Abbott said following the veto.

The line-item veto allows governors to exert some control over appropriations to state agencies. Are vetoes used to reward and punish politically? If so, how?

In 2023, Abbott issued the most vetoes since becoming governor (77). He drew a sharp rebuke from legislators of both parties for lashing out and vetoing their bills in retaliation because they had not yet passed property tax legislation during the regular session. 

17

Special Sessions

The governor can call special sessions of the legislature to address critical problems as defined by the governor.

They last for no more than 30 days.

From 1989 through 2023, the legislature met in 29 special sessions. 

In 2023, three special sessions were called, each lasting 30 days.

Special session: a legislative session called by the governor that addresses an agenda set by him or her and that lasts no longer than 30 days

What kinds of issues trigger special sessions? The issues in the special sessions called in 2013 involved redistricting, sentencing, transportation, and abortion regulation.

18

Judicial Powers of the Governor

Judges are elected in Texas, but the governor appoints replacements when there are vacancies. 

Once appointed to office, judges tend to remain in office.

The governor’s clemency power normally includes the power to issue pardons, grant paroles, and issue reprieves, but this power is limited.

The Board of Pardons and Paroles acts as a check on the governor’s clemency power.

From 2015–23, Governor Abbott issued only 47 total pardons, most for relatively minor offenses.

Why do judges, once appointed, tend to stay in office? What does this mean in terms of the governor’s influence over the Texas judicial system?

Pardons can be granted only on the recommendation of the Board of Pardons and Paroles. Texas governors can neither grant nor deny paroles. Governors may grant a person condemned to death a single 30-day reprieve; additional reprieves must be recommended by the Board of Pardons and Paroles.

19

The Plural Executive

The Constitution in 1876 placed limits on executive power.

Executive power is also dispersed through several officials called the plural executive.

Elections are partisan, and each member may choose to operate independently of the others.

The Railroad Commission of Texas and the State Board of Education assume considerable executive authority, despite these offices not formally being part of the executive branch.

Elections for the plural executive are partisan.

Plural executive: an executive branch in which power is fragmented because the election of statewide officeholders is independent of the election of the governor

The plural executive in Texas consists of the governor, lieutenant governor, attorney general, comptroller of public accounts, commissioner of the General Land Office, and commissioner of agriculture—all elected—plus the secretary of state, who is appointed by the governor.

Is the Texas system of the plural executive an effective executive system in light of the challenges faced by the governor?

Ask students to discuss how it might be changed.

Are the people of Texas well served by the plural executive system? Why or why not?

Elections for offices in the plural executive are partisan, and each member of the plural executive may choose to operate independently of the others. At times, the members may compete with each other, often because of conflicting personal ambitions.

20

Lieutenant Governor

The real power of the office of lieutenant governor is derived from legislative influence.

The lieutenant governor is the “Constitutional President of the Senate.”

Casts a deciding vote in the Senate when there is a tie

Signs all bills and resolutions

Is chair of the Legislative Budget Board (LBB)

Is granted legislative power by the Senate

Lieutenant governor: the second-highest elected official in the state and president of the state Senate

Senate rules empower the lieutenant governor to decide parliamentary questions and use discretion in following Senate procedural rules. They are also empowered to set up standing and special committees and appoint members and chairs.

The Texas Constitution makes the lieutenant governor one of the most powerful political leaders in the state.

Each lieutenant governor brings a different style to the office. The text provides several examples.

21

Attorney General

The attorney general (AG) is elected to a four-year term and acts as the chief lawyer for the state.

The AG’s office is concerned primarily with civil matters and has little responsibility in criminal law.

One important power of the AG comes from the opinion process, whereby the AG’s office provides an advisory opinion on the legality of an action.

One controversial and criticized aspect of the AG’s office is the collection of child support.

Attorney general: elected state official who serves as the state’s chief lawyer concerned mostly with civil cases

In criminal matters, the Office of the Attorney General (AG) may appoint a special prosecutor if a local district attorney asks the AG for assistance. Generally, criminal cases in Texas are prosecuted by district or county attorneys. The AG’s office assumes responsibility if a criminal case is appealed to the federal courts.

Ken Paxton was impeached by the Texas House of Representatives in 2023, but he was acquitted by the Senate, allowing him to keep his job. 

If the attorney general is of one party and the governor is of the opposite party, how might Texas public policy be affected?

In 2014, 2018, and 2022, Ken Paxton was elected and re-elected attorney general. Paxton had served in the Texas House from 2002 to 2012 and then was elected to the Texas Senate.

A cloud has remained over Paxton during his years as attorney general because he has been charged with two first-degree felonies involving securities fraud and one third-degree felony involving failure to register as a securities agent.

In 2022, he defeated George P. Bush in the Republican Primary.

22

Commissioner of the General Land Office

The General Land Office is the oldest state agency in Texas.

The land commissioner is the elected official who manages most publicly owned lands.

Awards grazing and oil and gas exploration rights

Manages the Veterans’ Land Program

Is responsible for the environmental quality of public lands and waters

Land commissioner: elected state official who is the manager of most publicly owned lands

Comment on the General Land Office (GLO) and environmental issues in Texas—what is the connection?

Texas owns, or has mineral rights in, 13 million acres of land in the state, plus all submerged lands up to 10.35 miles into the Gulf of Mexico. All but 28 of Texas’s 254 counties contain some of these public lands.

State senator Dawn Buckingham (R-Lakeway) won the 2022 race for Texas Land Commissioner. She was endorsed by President Trump.

23

Agriculture Commissioner

The agricultural commissioner is an elected official and is responsible for enforcing agricultural laws.

This includes administration of animal quarantine laws, inspection of food, and enforcement of disease- and pest-control programs.

The Department of Agriculture checks weights and measures.

Large agribusinesses are greatly affected by the decisions of the agricultural commissioner.

Agriculture Commissioner: elected state official who is primarily responsible for enforcing agricultural laws

The Department of Agriculture checks motor fuel pumps to make sure they are dispensing the right amounts of fuel; it also checks grocery store scales to see that they weigh products correctly.

Decisions made by the agricultural commissioner can lead to an increase or decrease in the cost of production for large agribusinesses.

24

Comptroller of Public Accounts 

The comptroller is powerful because they direct the collection of tax and nontax revenues.

Tax collection is the comptroller’s most visible function.

The comptroller also estimates revenues for the budgeting process, their most powerful function.

Passage of any appropriations bill is contingent on the comptroller’s certifying revenues.

This provides the comptroller with significant power over the legislative process.

Comptroller: elected state official who directs the collection of taxes and other revenues and estimates revenues for the budgeting process

Who has more power over the Texas budget, the governor or the comptroller of public accounts, and why or how?

If the comptroller is unable to certify that monies are available to pay for an appropriation, the legislature must reduce the appropriation or increase revenues.

What happens if the expenditures of the budget exceed the revenues coming in to pay the bills?

The comptroller is also responsible for returning abandoned money and property to their rightful owners.

25

Secretary of State

The one member of Texas’s plural executive who is not elected is the secretary of state, who is appointed by the governor.

As the Texas’s chief election official, the secretary of state:

Conducts voter registration drives

Collects election-night returns

Provides media and voters with the latest official election returns

Although the Texas secretary of state is typically considered a low-visibility office, the 2020 election thrust the office into the spotlight nationally when President Donald Trump challenged the results in several states.

Secretary of state: state official, appointed by the governor, whose primary responsibility is administering elections

Why is the secretary of state not an elected position? Students should be able to answer this readily enough.

Expand on the power of the Texas secretary of state.

Many have raised concerns about the appointment of John Scott, who worked for a brief time to overturn the results of the 2020 presidential election in Pennsylvania.

Can the visibility of the secretary of state position be harnessed to run for elective office? 

26

The Plural Executive and the Governor

The plural executive dilutes the ability of the governor to control the state government.

The officials are elected independently, and they do not necessarily run as a team. 

They do not answer to the governor and do not serve as a cabinet.

They jealously guard their turf. 

State government and statewide planning lack cohesiveness as a result.

The plural executive in Texas was created by the Texas Constitution in response to the public’s negative reaction to Governor Edmund J. Davis at the close of Reconstruction.

For example, early in the pandemic, Agriculture Secretary Sid Miller, GOP Chair Allen West, and several Republican state lawmakers filed a lawsuit against Governor Abbott and then secretary of state Ruth Hughs for their extension of the early voting period.

27

Boards, Commissions, and Regulatory Agencies

The state bureaucracy has numerous state boards, commissions, councils, and committees as well as major agencies.

These include bodies that are:

Run by multimember boards appointed by the governor

Run by single executives appointed by the governor

Run by boards appointed by several persons

Run by multimember boards elected by the people

Overall, the state bureaucracy employed 325,000 people during the 2022 fiscal year.

Bureaucracy: the complex structure of offices, tasks, rules, and principles of organization that are employed by all large-scale institutions to coordinate the work of their personnel

Is the board and commission system too cumbersome, resulting in inefficiencies?

Governor Perry’s lengthy service gave him enormous influence; he is the only Texas governor in modern history to have made every appointment a governor can make. Perry also disciplined board members who had displeased him.

How important is cronyism in the bureaucratic appointment process? 

28

Appointed Single Executives: Texas Department of 

The Texas Department of Insurance is run by one commissioner appointed by the governor.

The department regulates the insurance market.

Insurance companies advocate less regulation; consumer groups argue that the insurance commissioner has inadequate powers.

Issues include insurance rates, overcharges, and claims for storm-related damages (mold, for example).

Homeowner’s insurance rates vary widely in Texas. What factors influence insurance rates?

29

Multimember Appointed Boards 

Most boards and commission members are appointed by the governor and confirmed by the Senate.

The many multimember appointed boards include the Texas Alcoholic Beverage Commission, the Texas Parks and Wildlife Commission, the Texas Youth Commission, and the Texas Board of Criminal Justice. 

Most of these agencies work in anonymity except in cases of major controversy like what was seen with ERCOT during the 2021 power grid failure.

Multimember Elected Boards

Members of two state agencies are elected by the voters: 

The Railroad Commission of Texas

The Railroad Commission has three members. 

The State Board of Education 

The Board of Education is a 15-member board.

Railroad Commission of Texas 

The Railroad Commission (RRC) of Texas has three members elected statewide to staggered six-year terms.

It began by regulating intrastate railroads, trucks, and bus transportation, and supervising the oil and natural gas industry.

It was the model for the Organization of Petroleum Exporting Countries (OPEC).

At one time, the RRC was one of the most powerful state agencies in the nation. Today, it is a shadow of its former self. 

Discuss how the globalization of geopolitics has affected the power of the Railroad Commission (RCC).

32

State Board of Education 

The State Board of Education (SBOE) is a 15-member board elected from single-member districts to four-year terms.

The public education policy set by the SBOE is enforced by the Texas Education Agency (TEA).

The SBOE sets high school graduation criteria, establishes standards for accreditation, selects public school textbooks, and more.

In recent years, the State Board of Education (SBOE) has become an ideological battleground over issues such as the teaching of evolution in Texas schools. Battles fought within the SBOE have statewide effects.

The commissioner of education is appointed by the governor and is the administrative head of the Texas Education Agency (TEA).

Debates and protests have arisen across the country over how race is taught in public schools, with Republican activists and lawmakers advocating for a ban on instruction of critical race theory in the classroom.

33

Making Agencies Accountable

Elected officials are responsible to the voters.

Appointed officials are indirectly accountable through the elected officials.

Every 12 years, the state agencies must justify their existence to the Sunset Advisory Commission (SAC) and the legislature.

The legislature accepts the majority of SAC recommendations.

In 2023, all 15 Sunset bills were passed that contained 95 percent of the commission’s findings and statutory recommendations. 

Sunset Advisory Commission (SAC): a commission created in 1977 for the purpose of reviewing the effectiveness of state agencies 

The 12-member SAC has 5 members from the Texas Senate and 1 public member appointed by the lieutenant governor, plus 5 members from the Texas House and 1 public member appointed by the Speaker of the Texas House.

The SAC evaluates the continuing need for an agency and establishes a date on which an agency is abolished unless the legislature passes a bill for the agency to continue in operation. 

The SAC may recommend the agency continue as it is, continue but with changes, or be abolished.

In 2023, all 15 Sunset bills were passed that contained 95 percent of the commission’s findings and statutory recommendations. Eleven agencies were continued, including the Texas Commission on Environmental Quality, the Public Utility Commission, and the Texas Juvenile Justice Department, while the Anatomical Board of the State of Texas was abolished with its functions transferred to the Texas Funeral Service Commission.

Oversight: an effort through hearings, investigations, and audits to exercise control over the activities of executive agencies, boards, and   commissions 

34

The Executive Branch and the Future of Texas

The power of the Texas governor is more limited in comparison to that of the U.S. president.

There is little likelihood that the plural executive will see structural change. 

The combination of an institutionally weak governor and a plural executive has implications for democracy.

No individual is fully responsible, for example.

Two recent major challenges—the Covid-19 pandemic and the winter storm fallout of 2021—illustrate many of the shortcomings within the current executive system that must be addressed in the future.

The Texas Judiciary

Chapter 10

Why the Judiciary Matters

Texas judges are elected in partisan elections.

Unlike federal judges, who are appointed by the President and confirmed by the U.S. Senate, many judges in Texas’s vast judicial system are elected. 

In theory, elections should make state judges more accountable to voters since they can be voted out in the next election. 

However, many voters are simply unaware of who judges are and what they are doing. 

One move that many thought could undercut the change in the judiciary in large urban counties is a law passed by the Texas legislature in 2017 that eliminates straight-ticket voting in the 2020 election and beyond. 

However, the 2020 judicial elections suggest that the elimination of straight-ticket voting did not offer any advantage to Republican judges running in Texas’s pro-Biden urban areas.

2

The Legal Process 

The Texas legal system can be thought of as divided into civil law and criminal law. 

Just as the Texas Supreme Court hears civil cases and the Texas Court of Criminal Appeals hears criminal cases, it is useful to think of the law as divided into these parts. 

Civil law deals with disputes between private individuals.

The remedy in a civil lawsuit is often for the offending party to pay compensation to the injured party. 

Criminal law involves the violation of criminal statutes.

If one is found guilty, punishment can involve the loss of liberty or life.

Civil law: a branch of law that deals with disputes, usually between private individuals over relationships, obligations, and responsibility

Criminal law: the branch of law that regulates the conduct of individuals, defines crimes, and specifies punishment for criminal acts

Recall that the Texas Supreme Court deals with matters of civil law, and the Texas Court of Criminal Appeals deals with matters of criminal law.

3

Civil Law (1 of 2)

In civil law:

An aggrieved person files a complaint against the person accused of causing harm.

The defendant will file an answer explaining why the allegations are not valid.

The aggrieved person may be able to obtain the services of a lawyer based on a contingent fee.

The standard of proof the plaintiff must meet is the preponderance of the evidence.

Discuss what it means in this context to be an “aggrieved person,” and note the use of the word plaintiff.

Complaint: the presentation of a grievance by the plaintiff in a civil case

Answer: the presentation of a defendant’s defense against an allegation in a civil case

Contingent fee: a fee paid to the lawyer in a civil case that is contingent on winning the case

Students should easily identify movies in which a lawyer’s services are secured (commonly, offered) on this basis. Note that this is common with personal-injury cases.

Preponderance of the evidence: the standard of proof in a civil jury case, by which the plaintiff must show that the defendant is more likely than not the cause of the harm suffered by the plaintiff

Discuss why the burden of proof is on the plaintiff.

You will want to clarify the burden of proof between preponderance of evidence and beyond a reasonable doubt in the context of civil and criminal courts.

4

Civil Law (2 of 2) 

Much of civil law involves tort law, which aims to redress civil wrongs. Civil law cases can also include family law and probate law. 

Civil cases are time-consuming and expensive.

It is increasingly common to try to negotiate a settlement through mediation or arbitration.

Arbitration: the parties agree to present their case to a decisionmaker and to be bound by the decision.

Mediation: the parties try to reach a compromise resolution without going to trial.

Provide examples of both mediation and arbitration.

Mediation is especially popular because the parties are not forced into a particular decision, as they would be with arbitration. Both are methods of resolving disputes without the cost (and risk) of going to trial.

Tort: a civil wrong that causes harm to another; it is remedied by awarding economic damages to the injured party

Probate: the supervision of the estates of deceased persons

5

Criminal Law (1 of 3) 

The state alleges a violation of criminal law and is represented by a prosecutor.

They prosecute serious crimes, which are felonies, and lesser offenses, which are misdemeanors. 

Defendants may hire defense attorneys. 

Indigent criminal defendants are commonly represented by court-appointed lawyers.

Issues: quality, time, and money

Felony: a serious criminal offense, punishable by a prison sentence or a fine; a capital felony is possibly punishable by death

Misdemeanor: a minor criminal offense, usually punishable by a fine or a jail sentence

Students will also be familiar with the role of prosecutors from long-running television programs such as the Law & Order franchise. Note the political aspect of the prosecutor’s role, especially in capital cases.

Discuss the role of money in criminal or civil cases.

6

Criminal Law (2 of 3)

With felonies, before the trial there will be an indictment by a grand jury.

The grand jury, consisting of 12 persons, determines whether there is sufficient evidence to justify a trial. 

Nowadays, grand juries are selected randomly from a pool of qualified citizens as opposed to a “pick-a-pal” system. 

If jurors decide a trial is warranted, then they will issue an indictment.

Indictment: a written statement issued by a grand jury that charges a suspect with a crime and states that a trial is warranted

An indictment is also known as a “true bill.” If a grand jury does not believe a trial is warranted, the jury issues a “no bill” decision.

Grand jury: jury that determines whether sufficient evidence is available to justify a trial; grand juries do not rule on the accused’s guilt or innocence

Until recently, most Texas grand jurors were chosen by a commissioner system. A district judge would appoint several grand jury commissioners, who then selected 15 to 20 citizens of the county. The first 12 who were qualified became the grand jury. This “pick-a-pal” system led to older, White, and affluent grand jurors. Also, the Houston Chronicle found that under this system Harris County grand jurors were collaborating with prosecutors in trying to affirm the prosecutors’ versions of events. 

Discuss the fairness of grand jury proceedings that do not include the suspect or their attorney.

How should grand juries be composed?

7

Criminal Law (3 of 3)

The suspect in a criminal case has the right to trial by jury but may waive that right and undergo a bench trial before the judge only.

Often, a suspect will engage in a plea bargain.

Felony juries have 12 members; misdemeanor juries have 6.

The verdict must be unanimous.

With criminal cases, the evidentiary threshold is beyond a reasonable doubt.

Bench trial: a trial held without a jury and before only a judge

Plea bargain: a negotiated agreement in a criminal case in which a defendant agrees to plead guilty in return for the state’s agreement to reduce the severity of the criminal charge or prison sentence the defendant is facing

Beyond a reasonable doubt: the legal standard in criminal cases that requires the prosecution to prove guilt beyond a reasonable doubt

Discuss the pros and cons of the plea bargain system. Whose interests are served or not served?

Discuss why the standard of proof is so high in criminal trials.

If the defendant is found guilty, a separate hearing is held for sentencing. 

The defendant may also appeal a verdict. An appeal may allege, for example, a trial error that affected the outcome. In rare cases, a prosecutor may also appeal.

8

Court Structure 

Courts are responsible for securing liberty and equality under the law.

Texas has a large and complex court structure, consisting of multiple courts with overlapping jurisdiction. 

Some have specialized jurisdiction, whereas others can handle a variety of cases. 

Judges in Texas are elected and must cater to public opinion. 

Court Structure: Texas Supreme Court

The Texas Supreme Court is the highest civil court in the state.

Nine justices

Civil cases only

Final appellate jurisdiction authority over civil cases

There are minimal requirements for being a Texas Supreme Court justice.

It is a six-year term, with at least three justices elected every two years.

The salary is $168,000 per year plus $2,500 more for the chief justice.

Texas Supreme Court: the highest civil court in Texas, consists of nine justices and has final state appellate authority over civil cases

Discuss specific examples of civil versus criminal cases.

The only requirements for being a Texas Supreme Court justice (and for being a judge in the Texas Court of Criminal Appeals) are that one must be a U.S. citizen and a resident of Texas, be at least 35 years of age (and under 75), and have been either a practicing lawyer or a judge for at least 10 years.

10

Court Structure: Texas Court of Criminal Appeals

The Texas Court of Criminal Appeals is the highest criminal court in the state.

Nine justices with the same pay, terms, and qualifications as for the Texas Supreme Court

Final state appellate authority over criminal cases

Jurisdiction over automatic appeals in death penalty cases

Usually, initial appeals are heard by one of the 14 other courts of appeal in Texas.

Texas Court of Criminal Appeals: the highest criminal court in Texas; consists of nine justices and has final state appellate authority over criminal cases

Discuss the automatic appeal process in death penalty cases.

Both the Texas Supreme Court and the Texas Court of Criminal Appeals have appellate jurisdiction, meaning they have the authority to review decisions of lower courts and have the power to order that a case be retried. Most appeals, however, are first heard by one of the other 14 courts of appeal, usually by panels of three judges.

The 80 judges for the courts of appeal are required to have the same qualifications as those of the higher courts. They are paid $168,000 a year.

11

Court Structure: Courts of Appeal

In addition to courts with final appellate authority, Texas has 14 intermediate-level appellate courts. 

Hear appeals from district and county courts

Solely appellate jurisdiction

Have both criminal and civil jurisdiction

Located in various parts of the state

Most appeals at this level are heard by panels of three judges.

The requirements for a court of appeal justice are the same as those for justices on the higher courts.

The Texas Supreme Court and the Court of Criminal Appeals are the two courts with final appellate authority. 

Courts of appeal: the 14 intermediate-level appellate courts that hear appeals from district and county courts to determine whether the decisions of these lower courts followed legal principles and court procedures correctly

12

Court Structure: District Courts

The major trial courts in Texas are the district courts.

General jurisdiction: they hear a broad range of civil and criminal cases (felonies, divorces, land disputes, etc.)

Each Texas county has at least one district court, although several counties may be served by one district court in rural parts of the state.

Urban counties have many district courts. 

Harris County has 60; Dallas County has 39.

District courts usually have general jurisdiction; however, in urban counties, some district courts with specialized jurisdiction hear only civil, criminal, juvenile, or family law matters, while those with general jurisdiction hear felony criminal cases, divorces, land disputes, election contests, and civil lawsuits.

13

Court Structure: Specialty Courts

Specialty courts are created to address particular crimes or to serve specific populations.

They focus on trying to resolve problems such as alcohol and drug abuse, prostitution, and other recurring criminal behaviors.

By far, the most common of the specialty courts are drug courts. 

They focus on rehabilitation.

Studies have found that court-mandated programs lower recidivism. 

Specialty courts: usually part of district courts focused on trying to resolve underlying problems such as mental health issues, alcohol and drug abuse, and prostitution that lead to recurring criminal behaviors.

The creation of these courts is rooted in the fact that many offenders continually cycle through the system. 

At least in reference to drug courts, the evidence does show that specialty courts can be a significant tool in preventing the criminal justice system from being a revolving door for offenders.

14

Court Structure: County Courts

Each Texas county has a county judge.

They preside over the county commissioners’ court and have responsibilities for the administration of county government.

In rural parts of the state, the county judge also presides over the county court.

County courts have jurisdiction over both criminal and civil cases, as well as the authority to hear appeals from municipal courts or from the justice of the peace courts. 

County judge: the person in each of Texas’s 254 counties who presides over the county commissioners’ court, with responsibility for the administration of county government; some county judges carry out judicial responsibilities

County courts: the courts that exist in some counties and that are presided over by county judges

In a 2016 investigation by the Austin American-Statesman, it was found that this extra compensation amounted to nearly a 50 percent pay increase in some of the rural counties and that 219 of the 254 county judges claimed the extra money, even though it appeared many of them did not actually spend 40 percent of their time on court cases. 

Use the example of the Kent County judge from the book.

15

Court Structure: Statutory Courts 

Larger counties in Texas have statutory county-courts-at-law.

These tend to hear less serious cases, and jurisdiction varies significantly.

In most urban areas, courts known as statutory probate courts have been created.

Each county in Texas has between one and eight justice of the peace precincts.

Justice of the peace courts are local trial courts with limited jurisdiction over small claims and minor criminal misdemeanors

Statutory county-courts-at-law: courts that tend to hear less serious criminal cases than those heard by district courts; they usually hear civil cases that involve smaller economic claims than are heard by district courts

Statutory probate courts: specialized courts whose jurisdiction is limited to probate matters (relating to the disposition of property of deceased persons) and guardianship matters

Justice of the peace courts: local trial courts with limited jurisdiction over small claims and very minor criminal misdemeanors

What is an example of a “small claim”?

What is an example of a “minor criminal offense”?

Unlike any other judges in Texas, except for the county judges (who are usually administrators), most justices of the peace lack legal credentials. This is a holdover from the state’s early history when these justices provided legal authority where no other existed. How does this situation lead to criticism?

16

Court Structure: Municipal Courts 

In each of the incorporated cities of Texas, the legislature has created municipal courts.

These courts have jurisdiction over violations of city ordinances.

Municipal judges may issue search and arrest warrants, but they have only limited civil jurisdiction.

Municipal courts function primarily as traffic courts.

Municipal courts: local trial courts with limited jurisdiction over violations of city ordinances and very minor criminal misdemeanors

Ordinance: a regulation enacted by a city government in each of Texas’s incorporated cities and towns

Give (or ask for) examples of city ordinances (such as noise ordinances or civility ordinances).

17

Judicial Politics 

Since Texas judges are elected, they are not free from the ebb and flow of democratic politics. 

Judges may feel the need to be mindful of public opinion. 

At times, judges may fear reprisal at the polls. 

Special interests may also get involved in the selection and retention of judges. 

What are the implications of the special interest involvement for democratic politics and the rule of law? 

18

Initial Appointment of Judges by the Governor

Initial appointment of judges by the governor

A large percentage of judges initially get on the bench through appointment.

As of September 2021, about 40 percent of appellate judges and 26 percent of district judges initially got on the bench through appointment.

Controversy nevertheless surrounds the partisan election of judges in Texas.

Of course, partisanship—as well as the advantage of incumbency—also plays a role when judges who gained the bench by appointment campaign to retain their seats.

The next section further explores the partisan nature of judicial elections, but this is a good point to poll the students on what they see as potential problems (or not) with judges being elected and with judges being appointed by the governor.

19

Judicial Elections Become Highly Partisan

The elections become highly partisan.

Before 1978, the only real competition occurred in the Democratic primary.

William Clements, the first Republican governor to be elected (1978) since Reconstruction, began appointing Republicans to the bench.

By the early 1980s, competition began to appear in judicial races, making elections more expensive.

Contributions (and contributors) for judicial races raise concerns about the neutrality of Texas judges.

Lawyers and interest groups tend to be donors in judicial races. 

Proposed Reforms of the Texas Judiciary

There have been numerous efforts to reform the judiciary:

Changing the system of selecting judges

Judicial campaign finance reform

Increasing representation of people of color

Restructuring the judiciary to make it more efficient

Changing the System for Selecting Judges

Voters are unaware of judicial candidates.

They rely on party labels to vote.

Also, the high number of candidates on the ballot makes it difficult to become an informed voter.

Alternatives include merit selection.

A blue-ribbon commission solicits interest in a vacant judicial seat and screens candidates for the seat.

After serving for about a year, the judge runs unopposed in a retention election.

Straight-ticket voting can sweep experienced judges out of office solely because of their party affiliation.

Merit selection: a judicial reform under which judges would be nominated by a blue-ribbon commission, then be appointed by the governor and, after a brief period in office, run in a retention election

Ask how the blue-ribbon commission would be chosen, whether it would be diverse, and whether it would result in a more legitimate and less controversial system of justice in Texas.

If merit is the point, why not impose more strict requirements to be on the bench?

Retention election: an election in which voters decide whether to keep an incumbent in office by voting “yes” or “no” to retain the incumbent and in which there is no opposing candidate

Straight-ticket voting: a method of voting where a voter checks a box by one of the political parties on the ballot, which casts a vote for every candidate on the ballot with that political party affiliation

In 2017, Texas passed legislation to ban straight-ticket voting. This ban will significantly affect voting for Texas judicial candidates since judicial offices are down-ballot and have low voter visibility. If the straight-ticket voting ban is not declared a Voting Rights Act violation, far fewer votes are likely to be cast for judicial candidates. 

However, the 2020 elections indicated that voters cast their ballots for judges based on party affiliation even absent the ability to vote a straight ticket.

In the absence of voter awareness of judicial candidates, reformers are also concerned that voters will rely on irrelevant factors such as the perceived attractiveness of a candidate’s name when they vote for judges.

Discuss the post–2018 election judicial reform commission.

22

Financing Judicial Campaigns

Special interest campaign contributions raise questions about the integrity of the judicial branch in Texas. 

Contributions for judicial races can amount to several hundred thousand dollars.

Elections for the intermediate appellate courts have become highly competitive.

Judicial campaign finance reform has seen success in the form of the Judicial Campaign Fairness Act.

It places limits on judicial campaign contributions.

The statewide elections for the Texas Supreme Court and the lesser-funded Texas Court of Criminal Appeals have been uncompetitive, and the 2018–2020 elections for the intermediate appellate courts that are centered in the state’s most urban counties were highly competitive.

Statewide judicial candidates must limit themselves to contributions of no more than $5,000 from any individual in any election. Additionally, statewide candidates can receive no more than $30,000 per election from any law firm.

23

Increasing Representation of People of Color on the Bench

Judges are overwhelmingly Anglo, male, well-educated, middle class or higher, and members of the legal profession.

Women, Black people, and Latinos are notoriously under-represented.

This lack of diversity undermines the legitimacy of the court.

Solutions lack strong support.

As of 2024, only 2 percent of appellate judges and 12 percent of trial judges are African American.

Only 24 percent of appellate judges and 21 percent of trial judges are Latino.

Women comprise about 50 percent of the Texas appellate bench (although they comprise a smaller proportion of the trial bench). In contrast, only 2 percent of appellate judges and 12 percent of trial judges are African American, and only 24 percent of appellate judges and 21 percent of trial judges are Latino.

Discuss why the legitimacy of the court is important and whether a more inclusive judiciary would improve the court’s legitimacy.

Discuss the various statistics of the makeup of the bench. Why have the numbers of women improved dramatically while the numbers of Black people and Latinos have remained low?

24

Restructuring the Texas Judiciary to Make It More Rational and Efficient 

Judges are elected, but they do not always represent the electorate.

The Texas judicial system is a hodgepodge of jurisdictions.

Over time, the Texas judiciary has become less efficient.

This can be seen in courts at all levels, from the appellate court in the Houston area to the district courts in Anderson County in east Texas.

The changes to address these inefficiencies are rare and piecemeal rather than comprehensive. 

Issues in the Texas Court System Today

The Texas court system today faces many challenges: 

The level of experience judges have 

How the court system is financed 

Regulation of lawyers

The disciplining of judges guilty of misconduct

26

Judicial Experience

Texas faces difficulties retaining experienced judges for several reasons:

Judges are elected.

Experience and age requirements are not very high.

Judicial salaries are low compared with the salaries of experienced private attorneys.

Courts face increased caseloads brought about by the dramatic growth of the state.

Experienced judges are necessary for a well-functioning court system; offering higher salaries and increasing minimum qualifications may improve the retention of Texas judges. 

In response to concerns about experience, in 2021 a state constitutional amendment was approved by a 59 percent margin that required candidates for the appellate courts to have 10 years of Texas legal experience and district court candidates to have 8 years of Texas legal experience. 

Before the amendment, appellate judges were required to have 10 years of legal experience, but that included out-of-state legal experience. District judges were required to have 4 years of experience.

Much of the funding for Texas courts comes from counties where those judges hear cases. As Texas grows, the demands placed on the courts increase, but the growth of Texas places demands on all aspects of government. It is difficult for the Texas courts to compete for funds when Texans are demanding better highways, quality education, good police protection, and lower taxes. 

One of the pressing issues facing the Texas judiciary is how to get sufficient funding to handle increased caseloads brought about by the dramatic growth of the state.

27

Civil Forfeiture

Civil forfeiture was designed to allow law enforcement to confiscate property that was obtained by or intended to be used for illicit purposes, usually drug deals.

It is unlike criminal forfeiture, which requires that a person be convicted of a crime before property is confiscated.

The proceeds go directly to law enforcement.

Recently, a lawsuit was filed in Harris County district court that challenges Harris County’s as well as the state’s procedures for forfeitures. That case involves the seizure of $42,300 from a man driving to Houston to buy a used tractor and trailer. The driver was pulled over for following a vehicle too closely, and the money was seized. The driver was not arrested, ticketed, or even warned.

This case, Ameal Woods v. Harris County, is of major importance, and in May 2023 a Harris County jury ruled in favor of the county, arguing that officers had probable cause to seize the money since it was apparently intended to purchase illegal narcotics. The decision will likely be appealed. Potentially, it could resolve the long-standing questions about the propriety of Texas’s civil forfeiture procedures. Texas, however, has done nothing to reform its procedures on the grounds that civil forfeiture does help in fighting crime and, of course, law enforcement does not seek to limit what is essentially an open tap of money for expenditures that include law enforcement salaries and bonuses.

Clear and convincing evidence: a standard of proof meaning that a contention is highly probable 

Civil cases that require clear and convincing evidence vary from state to state, although the standard typically applies to fraud, wills, and withdrawing life support.

28

Regulation of the Legal Profession

Texas has an integrated bar.

Licensed lawyers must join the State Bar of Texas.

To practice law, one must be a licensed lawyer; to be licensed, it is generally necessary to complete a Juris Doctor (JD) degree at an accredited law school.

The State Bar of Texas is both a professional organization and a government agency that is charged with enforcing ethical standards. 

Lawyers can be disciplined for a variety of infractions: criminal behavior, failure to keep a client informed, not paying out funds from a settlement, and so on. 

Texas legislation passed in 2011 allows for penalties against barratry, which is the illegal generation of litigation—or what is commonly known as “ambulance chasing.”

Constitutional county court judges and justices of the peace do not have to be lawyers, but all other judges must be “learned in the law,” a term found in the Texas Constitution whose meaning has come to require a law degree

29

Judicial Conduct

The State Commission on Judicial Conduct investigates misconduct and disability and disciplines judges.

The 13 commission members serve six-year terms. 

It relies on complaints from the public, attorneys, and the judiciary.

The decision-making process of the commission lacks openness and transparency.

Other than impeachment by the legislature or criminal prosecution of judges, the commission is the only mechanism for regulating the conduct of judges.

In 2022, the commission imposed 122 sanctions on judges. In two other cases, judges chose to resign rather than be sanctioned.

Should judges be impeached as a disciplinary measure? If so, on what grounds?

30

The Judiciary and the Future of Texas (1 of 2)

Judges in Texas are elected in partisan elections.

Voters often know little about judicial candidates, and voters often vote based on the candidate’s party affiliation or name appeal.

The most controversial issue regarding the Texas judiciary is the selection of judges.

The Judiciary and the Future of Texas (2 of 2)

There have been two recent changes to Texas judicial elections.

The Judicial Campaign Fairness Act (1995), which provides limitations on campaign contributions to judicial candidates ($5,000 max).

House Bill 25 (2017), which banned straight-ticket voting starting in 2020

Likely to reduce the number of people who vote in judicial elections

Legally questionable

The ban did not have a dramatic effect on judicial elections in 2020.

No major reforms have been successful.

The judiciary is likely to continue “as is,” at least for the next several years. 

Local Government

Chapter 11

Why Local Government Matters

On November 11, 2014, the city of Denton, TX passed an ordinance banning further fracking in the city.

In May 2015, the legislature passed HB 40, preempting the fracking ban. Denton’s city council was forced to repeal the ban.

An intense debate broke out early during the next legislative session over numerous city ordinances, and Governor Abbott led the charge on a variety of preemption initiatives.

Preemption efforts came to a head in 2023 with the passage of HR 2127, which banned cities from passing or enforcing ordinances and rules that went beyond what’s allowed by state law. 

By expanding state preemption activity, the Republican Party effectively sought to impose its conservative ideology throughout the state, particularly into urban enclaves controlled by Democrats.

Denton: In the wake of the fight over Denton’s anti-fracking ordinances, two preemption bills passed during the next legislative session: a new bill limiting local regulations of tree removal and a second bill restricting the annexation powers of local government. 

Preemption in the legislature: Many bills filed during the 2019 legislative session sought to strike down a variety of local ordinances, and once it was passed in 2023, some referred to HR 2127 as the “Death Star” bill, given that it seemed to effectively kill the autonomy of cities.

The main factor that stands out in trying to identify the driver of the multi-session debate over preemption and local self government is the growing partisanship in the state legislature, which has been fueled by an aggressive conservative wing of the Republican Party.

You can ask students: What are the pros and cons of state government wresting control from local governments? What issues might arise from local governments losing most or all of their authority? How do you think debates over preemption will evolve in the near future?

2

County Government in Texas

Local government institutions play a major role in Texas.

More than 5,500 general-purpose local governments

254 counties (the most of all states)

County governments in Texas are primarily for governing rural areas and have constricted powers.

Usually do not have powers to legislate

Function primarily as an administrative arm of the state government

The main functions of county government:

Road and bridge maintenance

Law enforcement

Dispute resolution

Record-keeping

Administration of social services

There is an average of 21 local purpose governments per county.

Comment on why there are so many governments and why the number keeps growing, especially for “special districts.” Are we overserved?

Point out to students that providing a driver’s license is a state function performed by counties in the local area. Expand on the concept of the “administrative arm of the state.”

Spend some time covering each function in some detail. Chances are very high that someone in your class has had to use one or more of these services.

Note also that many Texas counties are rural and poor and have a high percentage of residents in need of social services, including education at some level.

3

What Are the Functions of County Government?

County commissioners or “road commissioners” maintain over one-half of the roads in Texas. 

Law enforcement is undertaken by constables and by the sheriff. 

County attorneys and district attorneys also perform a law-enforcement role by prosecuting criminal cases.

Record-keeping is mainly managed by county clerks.

Other record-keepers include the district clerk, the county tax assessor-collector, and the county auditor.

The most important social services provided by counties include emergency welfare assistance and health care for the indigent.

County commissioners maintain more than one-half of the roads in the state, including roughly 134,000 miles of rural roadways and 17,000 rural bridges.

Constable: precinct-level county official involved with serving legal papers and, in some counties, enforcing the law

The sheriff is the chief law-enforcement officer within county government. In rural counties with few city police departments, the sheriff may be the major law-enforcement official in the county. In addition to law enforcement and the provision of deputies for the district and county courts, sheriffs are responsible for the county jail and the safety of prisoners.

The county attorney prosecutes lesser criminal cases in the county court; the district attorney prosecutes the more serious criminal cases in the district court.

The county clerk and district clerk are the main record-keepers of the county and of district court documents, respectively.

The county tax assessor-collector maintains the county tax records and collects the taxes owed to the county.

The county auditor, who is appointed by the district judges, receives and disburses county funds; in large counties, this official also prepares the county budget.

4

Numerous County Offices:
Checks and Balances or Built-In Problems?

The main governing body of county elected officials is the county commissioners’ court.

It is not really a judicial court; it consists of a county judge and four county commissioners.

The county commissioners’ court sets the county tax rate and county budget.

Expenditures include those for roads and bridges, maintenance of county jails, indigent health care, and so on.

The independent power bases of the numerous elected officials in Texas have led to disputes and tensions. 

County commissioners’ court: the main governing body of each county; has the authority to set the county tax rate and budget

Discuss the function of the county commissioners’ court. It is the most misunderstood and mislabeled entity in state government. Its function is largely dependent on location and size. For example, the commissioners in Harris County have vastly different day-to-day functions and activities than those in Loving County.

County judge: the person in each of Texas’s 254 counties who presides over the constitutional county court and county commissioners’ court, with responsibility for the administration of county government; some county judges carry out judicial responsibilities

County commissioner: government official (four per county) on the county commissioners’ court whose main duty is the construction and maintenance of roads and bridges

5

The Challenges of County Government

Are some counties too small?

Brewster County has a population of 9,513, but it covers about 6,192 square miles, the size of Connecticut and Rhode Island combined.

Rockwall County has only 149 square miles and a population of 131,307.

Issues straining smaller counties include drugs, capital punishment, and county jails.

Counties exist for several reasons, some of them political.

The text offers several useful examples of the wide variety of county sizes and the differing problems counties face.

Consider moderately sized Polk County. Polk County in east Texas (population about 54,186) estimated that it had unanticipated costs of $200,000 when the U.S. Supreme Court overturned the sentence of Johnny Paul Penry, who had been convicted in the stabbing death of a woman in 1979 and sent the case back for another trial. This represented extraordinary costs. 

Discuss what sorts of “political reasons” might prompt the creation of a county.

It would take a state constitutional amendment to merge counties so that many of them would have a sufficient population to function efficiently and a sufficient tax base to deliver services adequately. But the issue of county mergers is not one that is on the political agenda.

6

Accountability of County Officials

County officials are made accountable through elections.

If voters do not like a county official, they can simply vote the official out.

Numerous examples raise concerns about possible lack of accountability on the part of local governmental officials. 

Houston Community College trustee Dave Wilson (misrepresentation and deception)

Removal of officials for incompetence is unusual, but it can be achieved through a rarely used and generally unsuccessful judicial proceeding.

Dallas County commissioner John Wiley Price (corruption)

David Wilson, a White man, strongly suggested that he was Black during his campaign.

John Wiley Price faced an 11-count indictment from the U.S. attorney on corruption charges; he was alleged to have received $950,000 in payments in money, cars, and land.

7

City Government in Texas

Politics at the local level is often politics at its most basic, dealing with issues that affect the day-to-day lives of people, such as pothole repair.

Pothole repair may not seem high in the hierarchy of political concerns, but it is exactly such an issue that most directly and routinely affects most people’s lives.

As such, it becomes a prime issue for discussion among candidates.

Mundane concerns are the fundamental issues in most local elections because they reflect the needs and expectations that residents have of local government.

What do students perceive as the basic functions of their city beyond police and fire protection?

Unlike in presidential elections, in which the issues may well involve questions of war and peace, or state elections, which may involve issues such as whether a state should have an income tax, the most pressing issue in local elections may be potholes in the city streets.

8

General-Law versus Home-Rule Cities (1 of 2)

Cities and towns of less than 5,000 inhabitants are chartered by general statute.

These “general-law” cities and towns may act or organize themselves only as explicitly permitted by statutory law passed by the state legislature.

For example, they can levy, assess, and collect taxes.

However, the constitution limits what they can do. 

For example, the Constitution sets a maximum property tax rate. 

1. Article XI, Section 4 of the 1876 Constitution provided for the incorporation of “general law” cities under 10,000 people; this was lowered to 5,000 in 1909.

9

General-Law versus Home-Rule Cities (2 of 2)

Like counties, municipal governments are creations of the state.

The Home-Rule Charter Amendments of 1912 enabled cities of more than 5,000 inhabitants to adopt home-rule charters. 

These provide rules under which a city will operate and determine the form of government it will adopt.

Home-rule cities can usually operate independently of state control.

Home-rule charters must be consistent with the state constitution. Nevertheless, home-rule traditionally has delegated enormous power to local city governments.

Point out some specific examples of home-rule cities and compare them to non-municipalities to see the pros and cons of home-rule cities.

Home-rule charter: the rules under which a city operates; local governments have considerable independent governing power under these charters

Today there are 356 incorporated cities with more than 5,000 residents operating under home rule provisions and an additional 871 operating under general law.

Table 11.2 lists the 10 largest of these.

10

Preemption and Home-Rule

The state government can set aside local ordinances by using preemption.

Efforts in recent legislative sessions have expanded state efforts to curtail the autonomy granted to home-rule cities and to bring city activities in line with state mandates. 

The Covid-19 pandemic illustrated the tension that can sometimes arise between the state and local governments.

In 2020, Governor Abbott started taking a more active role in imposing directives, which often conflicted with and superseded local regulations. 

Preemption: the legislature’s power to overrule ordinances or actions of local home-rule cities

In 2014, Denton was the home of 277 gas wells. Concerned about the effects of the fracking drilling technique used for gas production, nearly 59 percent of the voters in Denton passed an ordinance on November 11, 2014, banning further fracking in the city. In May 2015, the legislature passed HB 40 preempting the fracking ban. By June 2015, Denton’s city council was forced to repeal the ban.

“Bathroom bill”: a bill requiring transgender people to use the bathroom according to the sex on their birth certificate

The most important piece of preemption in 2019 took place under the auspices of property tax reform, when the state legislature constrained the ability of local governments to raise property taxes without voter approval. Partisanship is fueling much of the debate over preemption.

In early May 2020, Governor Abbott started taking a more active role in imposing directives, which often conflicted with and superseded local regulations. Attorney General Paxton sent warning letters in mid-May to city officials in Austin, Dallas, and San Antonio and to county officials in Travis, Dallas, and Bexar counties that said they were not in compliance with Governor Abbott’s directives. Perhaps the oddest repudiation of local action by state officials occurred when Governor Abbott, Lieutenant Governor Patrick, and Attorney General Paxton criticized a Democratic district judge in Dallas for jailing a salon owner, Shelley Luther, who had refused to comply with Abbott’s business closure directive.

11

Local Government and the Coronavirus

Local government was at the center of trying to curb the spread of COVID-19.

Mayors and county judges had substantial regulatory power. 

The emphasis on local responses led to a patchwork of regulations. 

Early on, disagreements about the handling of the pandemic surfaced. 

The pandemic exposed the tensions between the large urban centers in the state, which are led by Democrats, and statewide elected officials, who are primarily Republicans.

As the pandemic settled into the state, pressures built to loosen the restrictions because of the economic damage done by stay-in-place regulations. Republican state officials developed views on the response to the coronavirus that diverged from those of Democratic officials in the cities and urban counties. Pressures among Republican state officials to preempt local public health initiatives increased in the late spring as demands to reopen the economy built. 

In May 2020, Governor Abbott started taking a more active role, issuing directives and restricting local decisions. 

In the long run, the biggest impact of the pandemic on local government is likely to be financial.

Ending the mask mandate brought Abbott into conflict with local officials in counties and school districts that wanted a more active policy from the government, particularly regarding the wearing of masks and the congregating of people in large groups. 

12

Forms of Government in Texas Cities (1 of 2)

Home-rule cities have three major forms of government.

In the mayor-council form of government, the mayor is the chief executive, and the city council is the legislative body.

There are both strong mayor-council systems and weak ones.

The mayor is elected from the city in an at-large election.

The council is elected either at large or from single-member districts or from a combination.

Point out specific examples of each city type and discuss why that form works or does not work.

Mayor-council form of government: a form of city government in which the mayor is the chief executive and the city council is the legislative body; in the strong mayor–council variation, the mayor’s powers enable them to control executive departments and the agenda of the city council; in the weak mayor–council variation, the mayor’s power is more limited

In the strong mayor-council variation, the mayor can control executive departments and the agenda of the city council; in the weak mayor-council variation, the mayor’s power is more limited.

This a good opportunity for a role-play of strong mayor versus weak mayor in dealing with the actual problems of cities, such as budget issues, crime issues, or replacing the fire or police chief.

At-large election: an election in which officials are selected by voters of the entire geographical area, rather than from smaller districts within that area

Single-member district: an electorate that elects only one representative for each district

13

Forms of Government in Texas Cities (2 of 2)

In the commissioner form of government, the city is run by a small group of elected commissioners acting in legislative and executive capacities.

In the council-manager form of government, public policies are developed by the city council; executive and administrative functions are assigned to a professional city manager.

Today’s council-manager systems vary across the state in several ways.

The desire for professional administration of local government remains high. 

There is also high demand for more democratic accountability.

Commissioner form of government: a form of city government in which the city is run by a small group of elected commissioners who act in both legislative and executive capacities

Point out that large cities simply cannot function as the commissioner form of government.

Council-manager form of government: a form of city government in which public policies are developed by the city council and executive and administrative functions are assigned to a professional city manager

In the council-manager form of government as it was originally envisioned, council members received little or no pay and were intended to be publicly motivated to serve the public good. A mayor was selected from among the council members. The city manager was to serve as the chief executive and administrative official.

Discuss the day-to-day functions of city managers. Whom do they serve, the council or the citizens?

14

Tales of Five Cities: Houston

Houston is the largest city in Texas, with over 2.3 million people; it has a strong mayor-council form of government.

There are 18 elected officials in the city serving concurrent
four-year terms, including a mayor, a controller, and 16 council members.

Unlike in most cities, the city controller is elected.

The current mayor is John Whitmire, a well-known liberal Democrat who had served in the Texas Senate from 1983−2023.

Much of the mayor’s power stems from the authority to appoint department heads and members of advisory boards, subject to council approval.

Bring in articles, if possible, about one or more of the five cities highlighted to demonstrate the real-world application of the issues discussed.

The students can go online and research the cities and discuss the election of mayors, city managers, and city council members.

John Whitmire (left) became mayor of Houston on January 4, 2024. Whitmire was a long serving liberal Democratic Senator representing north Houston

15

San Antonio

San Antonio, with a population of over 1.45 million people, is the second-largest city in Texas.

It has the council-manager form of government, with a 10-member council.

The current mayor is Ron Nirenberg; the mayor is the 11th member of the city council and is selected at large with a salary of $61,725.

The city manager serves at the pleasure of the council as the chief executive.

They supervise the activities of all city departments, with a budget of $3.7 billion and 13,000 employees.

The city manager (currently Erik Wash) serves at the pleasure of the mayor, supervises all departments, and has a salary of over $374,000.

Ask students why they think the city manager’s salary is over six times larger than the mayor’s. Is this justified, and if so, why?

Erik Walsh (right) became San Antonio’s city manager after serving as the city’s deputy city manager.

16

Dallas

Dallas has the council-manager form of government.

The power of the mayor is weak.

The mayor, currently Eric Johnson, presides over council meetings and creates council committees.

The 14-member council is elected from single-member districts, and the mayor is elected at large.

The council includes a significant number of Black and Latino members. 

City managers serve at the will of the city council.

Like other mayors in council-manager city governments, Dallas mayor Eric Johnson (left) has relatively little power. Dallas’s city manager,  formerly T. C. Broadnax (right), has vast powers.

17

Austin

Austin is the 4th most populous city in Texas (and the 10th most populous in the United States) and is the state capital.

The mayor (Kirk Watson) is the only citywide official elected. 

The 10 city council members are elected from single-member districts.

Districts for the city are drawn by a commission of citizens.

Among the effects of the replacement of at-large districts with single-member districts was increased representation of people of color on the council. In 2024, the mayor of Austin was White, as were 5 city council members. One Black person, one South Asian American, and 3 Latinos held the remaining seats on the 10-member city council.

Although formally a nonpartisan body, the mayor and nine of the members of the Council identified with the Democratic Party.

18

El Paso

El Paso has a population of over 678,415, shares a border with Mexico, and has only a small Black population (3.6%).

81.6 percent of the city’s population is Latino.

El Paso has a manager-council form of government.

The eight city council members are chosen by single-member districts; the mayor (Oscar Leeser) is elected at large.

The city manager (Dionne Mack) reports to the mayor and city council.

The main problems facing El Paso are poverty and unemployment.

Special Purpose Districts

A special purpose district is a unit of local government that performs a single service in a limited geographic area.

A special district can be created to serve an entire county.

It provides services such as education and sanitation.

In Texas, the number of special districts increased from 491 in 1952 to 3,350 in 2014.

In addition, there are over 1,000 independent school districts, which are also classified as special purpose districts.

Special purpose districts can be created to serve an entire county, part of a county, all of two or more counties, or parts of two or more counties.

Ask the students, who are probably from different school districts, how school policy varies across districts (attendance, lunch, extracurricular activities, and so on).

20

Types of Special Purpose Districts

Types of special purpose districts:

There are two types of special purpose districts in Texas.

School district

Non-school special district

Common examples include municipal utility districts, economic development corporations, and hospital districts.

One problem is that local governmental officials sometimes work in relative obscurity, thus avoiding scrutiny.

School districts are a specific type of special district that provides public education in a designated area.

There are many more different types of nonschool special districts.

Nonschool special district: any special district other than a school district; examples include municipal utility districts (MUDs) and hospital districts

Anyone with access to their property tax bill can see which of these apply to their specific case.

For example, a property owner in Houston pays taxes to the Houston Independent School District, the Harris County Department of Education, the Harris County Flood Control District, the Port of Houston Authority, the Harris County Hospital District, the Lone Star College System, Emergency Service District No. 13 (fire protection), and Emergency Service District No. 11 (EMS).

Students can go online to various county tax assessor websites to see the range of local taxing government units in different parts of the state.

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School Districts

Every inch of land in Texas is part of a school district.

Each school district is governed by an elected board of trustees (five to nine members).

The board employs a superintendent to oversee the operation, and the superintendent recommends the trustees.

The board sets the overall policy for the school district.

Budget, tax rate, textbook adoption, school calendar: all of these are very controversial.

In addition to setting overall policy, each board of trustees must adopt a budget for the school district; set the tax rate; select textbooks; hire principals, faculty, and support staff; set the school calendar; and determine salaries and benefits.

Superintendents of large metropolitan school districts have a lot on their plate in a highly politicized environment: books, parents, test score results, program funding, and employee professionalism

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Non-school Special Purpose Districts

There are many types of non-school special districts.

Harris County is a record holder with nearly 500 non-school special districts.

Examples:

Municipal utility districts (MUDs)

Community college districts

Hospital districts

Emergency service districts

Flood control districts

Municipal utility district (MUD): a special district that offers services such as electricity, water, sewage, and sanitation outside the city limits

Bring up the website for a MUD and show students the kinds of special districts and their relevance to the information available that might affect their lives on a day-to-day basis. 

MUDs can be a financial blessing for developers. 

Entrepreneurs who build new housing outside city limits must furnish utilities to these homes, but few developers can afford to do this over a long period of time.

Community college districts are considered nonschool districts because they do not offer K–12 public education. They are governed by an elected board of regents, and the board employs a president or chancellor. Regents set overall policy; set the tax rate, tuition, and fees; and so on.

How is flood control connected to flood insurance and mortgage rates?

Discuss the impact of large metropolitan hospitals and the mandatory requirement to provide care for patients without resources or insurance.

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Creating, Governing, and Paying for a Special Purpose District

The creation of a special district begins with a petition signed by the residents of the area to be served.

This requests the legislature to authorize an election to create a special district.

A majority of positive votes must be returned in the special election to create the district.

Most special districts are governed by boards elected by the voters of the district.

Property taxes are the primary source of revenue.

User fees are the second-largest source; state and federal aid furnish the remainder.

Property tax: a tax based on an assessment of the value of one’s property, which is used to fund the services provided by local governments, such as education

User fee: a fee paid for public goods and services, such as water or sewage service

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Problems with Special Purpose Districts

Everyone in Texas lives in at least one special district, and most live in several.

Hidden governments: special purpose districts of which many citizens are unaware

Fewer than 10 percent of eligible voters cast ballots in special purpose district elections, and fewer than 1 percent of district residents ever attend a board meeting.

Problems with special districts include the potential for abuse.

Special districts are among the least-studied areas of Texas politics.

Private gains by developers suggest greater scrutiny is needed.

Hidden government: a term that refers to special purpose districts of which many citizens are unaware

The hidden government concept is a great topic to discuss. Point out that most of us are unaware of the impact local government has on our lives.

Ask students if they know anyone who votes in special district elections. Discuss turnout issues and voter fatigue.

Ask why special districts, considering their lack of transparency, aren’t studied more.

Discuss the role of developers to help make the connection between developers and tax rates.

Example: More recently, developers of large tracts of land began creating these districts to place the burden of developing the property’s infrastructure on future owners of the property. In order to comply with the law, all the developers must do is create the district and hold an election in which at least one short-term resident must vote. These short-term residents then approve bonds in the millions of dollars that must be paid for with the taxation of future homes and property owners. 

The creation of special purpose districts by real estate developers has sometimes been controversial. Recent investigations have charged developers with abusing the process in order to circumvent inconvenient laws and to give the developers greater control over taxes and other government functions in the district.

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Councils of Government (COGs)

One of the greatest problems facing local governments is coordination across boundaries.

The Regional Planning Act of 1965 provided for the creation of regional councils of government (COGs) to promote coordination.

There are 24 regional COGs in Texas today.

Planning for economic development

Council of government (COG): a regional planning board composed of local elected officials and some private citizens from the region

The basic responsibilities of regional councils include planning for the economic development of an area, helping local governments carry out regional projects, contracting with local governments to provide certain services, and reviewing applications for state and federal financial assistance.

More recently, activities have focused on comprehensive planning and service delivery in policy areas such as aging, employment and training, criminal justice, economic development, environmental quality, and transportation.

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Financial Issues Facing Local Government

The many different forms of local government in Texas manage money through special financial mechanisms that rely on their ability to tax.

Two of these mechanisms raise important opportunities and problems for local government.

Capital appreciation bonds (CABs)

Local government pensions

As noted earlier, there are many different forms of local government in Texas, including county governments, municipal governments, school districts, and nonschool special purpose districts.

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Capital Appreciation Bonds

The capital appreciation bond (CAB) is used primarily by school districts to raise revenue for development in times of rapid population growth.

It is long term and high yielding.

Controversy has emerged over the large debt taken on by the issuer and poor accountability.

However, CABs remain popular. 

The most expensive CAB in Texas is a Forney, Texas, Independent School District (ISD) CAB issued in 2014 that will mature in 2053. 

For every dollar that Forney received, when the bond matures, it will have to pay $12.69.

Capital appreciation bond (CAB): a long-term, high-interest-paying bond that pays off both principal and interest in one lump sum when the bond reaches maturity

The CAB pays off both principal and interest in one lump sum when the bond reaches maturity. The issue of accountability comes into play when the debt that appears on the government’s balance sheet is much less than what it will actually owe when the bonds mature. 

Concerned with the long-term costs of these bonds, in 2015 the Texas legislature, with some exceptions, prohibited local governments (including school districts) from issuing CABs for terms longer than 20 years and from refunding CABs to extend their maturity dates. CAB debt was also limited to 25 percent of the outstanding bond debt of the local governmental entity.

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Local Government Pensions

Pensions have a huge effect on state, county, and local governments.

Pension systems are looming financial crises for many local governments.

Texas has 81 pension plans.

The Dallas Police and Fire Pension System offers generous benefits but suffers from poor management (pensioners get an automatic 4 percent cost of living increase).

A 2016 report found Dallas and Houston had two of the largest unfunded liabilities of local governments in the United States. 

Controversy over aspects of local pension plans has also emerged.

Deferred retirement option plan (DROP)

Borrowing money is an important aspect of local governments, and the pension issue is one of the most visible and worrisome characteristics of local governments’ fiscal health.

Many cities in Texas, most notably Houston, face this issue in a very real way, with consequences for virtually anyone living in the metropolitan area.

A report by Moody’s released in late November 2016 found that Dallas and Houston had two of the largest unfunded liabilities of local governments in the United States. Dallas ranked second in the nation (behind Chicago) with a liability 549 percent of annual operating revenues, while Houston ranked fourth with a 414 percent liability of operating revenues.

Deferred retirement option plan (DROP): retirement plan in which local government employees who are eligible to retire have their retirement benefits deposited in an account in which the benefits draw interest until actual retirement

Some of these plans pay high interest and cost-of-living adjustments and may be coupled with very early retirement ages.

Discuss the benefits for local fire and police officers, such as pension vesting, years of service, and percentage of pay in retirement.

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Future Pension Policy

Pensions have a huge effect on state, county, and local governments, and for some, employee pensions have already become unmanageable.

El Paso increased the age of retirement, increased the years of service required to receive a pension, and changed the formula for calculating pension amounts to be less favorable to the employee.

The financial issues involved in providing local government pensions may seem tiresome to try to understand, but they cut to the core of the problems currently facing government officials.

If local governments in Texas are to thrive in the coming decades, they must not be burdened with debts that cannot be paid.

Should teachers and public employees pay more for their health insurance, for example, and how is this related to fiscal responsibility and employee contract and union issues?

Recognizing that many of the pension plans were no longer economically viable meant that significant changes were needed, including changes in pension eligibility requirements, reductions in benefits, and increased contributions to the pension fund.

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Local Government and the Future of Texas 

Local government affects the average citizen’s life much more than either the federal or the state government.

The conflicting demands of efficiency and democracy are not easily balanced.

As Texas has become more diverse, there is a greater demand for democratic responsiveness from local government.

Should some local governments be consolidated in the name of efficiency? 

Financial disasters facing local governments:

Pension systems

Methods of borrowing money

Texas Government DC: Exam 3 Concepts

Chapter 8: The Legislature

1.

Regular Sessions

2.

Terms of Representatives and Senators

3.

Special Sessions

4.

Local Bill v. General Bill

5.

Special Bill

6.

Types of Resolutions

7.

Redistricting

8.

Gerrymandering

Chapter 9: The Executive

9.

Plural Executive Structure

10.

Patronage

11.

Message Power

12.

First Woman Governor

13.

Impeachment

14.

Line-item Veto

15.

Military and Police Power

16.

Attorney General

17.

Sunset Advisory Commission

Chapter 10: The Judiciary

18.

Texas Court of Criminal Appeals

19.

Courts of Appeal

20.

Misdemeanor v. Felony

21.

Contingent Fee (AKA contingency fee)

22.

Merit Selection

23.

Civil Forfeiture

24.

Straight-Ticket Voting

25.

Justice of the Peace

26.

“Beyond a Reasonable Doubt”

Chapter 11: Local Government

27.

Sheriff

28.

Preemption

29.

General-Law

30.

Mayor-Council Form of Government

31.

Special Districts

32.

Hidden Governments

33.

CAP-Capital Appreciation Bond

34.

User Fee

35.

District Clerk