The Texas Executive Branch and the Plural Executive System

The Structure of the Texas Executive Branch: The Plural Executive

• The Executive Branch is often considered the most "dangerous" branch of government due to the potential concentration of power.
• Texas operates under a system known as the Plural Executive.
• Definition: A system in the executive branch where several offices share power, rather than power being concentrated solely in the Governor's office.
• The Governor and Lieutenant Governor are elected separately.
• Most powerful executive offices are elected independently, meaning they receive their mandate directly from the voters rather than from the Governor.
• The Governor cannot dismiss or control other elected officials, such as the Attorney General, even if they disagree on policy. An independently elected official can claim a stronger mandate from the people than the Governor.
• This fragmentation was an intentional effort by the framers of the Texas Constitution to ensure the executive branch cannot function with "full efficiency" or absolute authority.

Historical Evolution and Constitutional Limits

• Between the years of $1836$ and $1866$, Texas governors enjoyed significantly more power.
• The Constitution of 1869 was influenced by Jacksonian Democracy but also led to a reaction that sought to limit executive power.
• The Constitution of 1876 (the current constitution) is frequently described as the most "anti-government" constitution. It intentionally established a "weak governor" office by:
  • Fragmenting power among the plural executive.
  • Limiting terms (originally $2$ years; later amended to $4$ years).
  • Defining salaries and detailed job duties within the constitutional text to limit flexibility.
• In the $20\text{th}$ century, amendments were added to address the inability of a weak office to manage a large state:
  • Terms expanded to $4$ years.
  • The Legislature was given the power to raise the Governor's salary.
  • The Governor was granted limited removal power (specifically for their own appointees with justifiable cause).

The Texas Governor: Qualifications, Salary, and Perks

• Formal Qualifications:
  • Must be at least $30$ years of age.
  • Must have been a resident of Texas for at least $5$ years.
  • A specific Texas law requires that anyone running for public office must believe in God (non-atheist/non-agnostic), though this has not been legally challenged recently.
• Demographics:
  • Historically, most governors have been wealthy, educated, middle-aged, white male Protestants.
  • Only $2$ women have been elected in Texas history: Miriam "Ma" Ferguson and Anne Richards.
  • No minority candidates have successfully been elected to the Governor's office.
• Compensation and Perks:
  • The base salary is over $150,000$ per year.
  • Value of perks often exceeds the salary: access to the Governor's Mansion and staff, state-owned planes and cars, and a security detail that sometimes continues after their term.
  • Incumbents have a massive advantage because they can utilize state travel resources for campaign-related visibility.

Formal Powers of the Governor

• Legislative Power:
  • State of the State Address: Used to establish a policy agenda, though it is not legally binding.
  • Special Sessions: The Governor has the sole authority to call a special session and set its specific agenda, providing significant control over the legislative process.
  • Veto Power: The Governor can veto bills, which requires a $2/3$ vote in both the House and Senate to override.
  • Line-Item Veto: Unlike the U.S. President, the Texas Governor can veto specific items within an appropriations bill (spending bill) without vetoing the entire document.
• Budgetary Power:
  • Relatively limited compared to other states.
  • Power is shared with the Legislative Budget Board (LBB), which includes the Lieutenant Governor and the Speaker of the House.
  • Texas is constitutionally required to maintain a balanced budget; the state cannot spend more than the revenue it generates.
• Appointment and Removal Power:
  • The Governor appoints members to more than $200$ boards and commissions.
  • Appointees typically serve $6$-year staggered terms so that a Governor cannot replace every official at once.
  • Removal requires "justifiable cause" and is not at the Governor's whim.
  • The Governor fills vacancies in state district and appellate courts, and Senate seats (except for the Lieutenant Governor's office).
• Judicial Power:
  • Appoints members of the Board of Pardons and Paroles.
  • Can grant a $30$-day stay of execution.
  • Can grant pardons or commute death sentences to life in prison, though governors are historically reluctant to use this power.

The Paradox of the "Strong Governor in a Weak Office"

• While the office is legally "weak" due to the plural executive and constitutional constraints, Texas has no term limits.
• If a Governor (like Rick Perry, who served $12$ years) stays in office long enough, the staggered term system fails to prevent a takeover. Eventually, a long-serving Governor will have appointed every single person on every state board.
• When one political party dominates the state (as the Democrats did from the Civil War to the $1990\text{s}$ and the Republicans have since), the Governor gains informal power to pressure legislators within their own party to resolve divisions.

Key Historical Figures and the First Female Governors

• James "Farmer Jim" Ferguson ($1915$–$1917$):
  • The only Texas Governor to be impeached and convicted.
  • Accused of using state funds for personal items, including groceries, gramophone records, tires, and a ukulele ($168$ in historical currency).
  • His downfall was accelerated by a feud with the University of Texas Board of Regents, where he abused his power by firing those who criticized him.
• Miriam "Ma" Ferguson ($1925$–$1927$, $1933$–$1935$):
  • Wife of James Ferguson; she ran for Governor after he was barred from office.
  • She was the first female Governor of Texas, although critics claimed James Ferguson was still "running the show."
• Bill Clements ($1979$–$1983$, $1987$–$1991$):
  • The first Republican Governor of Texas since the Reconstruction era.
  • Struggled with the legislature in his first term due to a business-style approach but was more successful in his second.
• Anne Richards ($1991$–$1995$):
  • The second female Governor, known for her populist, activist style and great oratory skills.
  • Lost her re-election to George W. Bush, partially due to her support for gun control and being caught off guard by Bush's superior campaign strategy.
• George W. Bush ($1995$–$2000$):
  • Ran as a "bridge builder" between parties.
  • Used the Texas governorship as a springboard to the presidency.
  • Karl Rove, his advisor, revolutionized campaigning by using social data—targeting voters based on gun ownership and church attendance.
• Rick Perry ($2000$–$2015$):
  • The longest-serving Governor in Texas history.
  • Utilized the lack of term limits to appoint all board and commission members, consolidating power.
• Greg Abbott ($2015$–Present):
  • A strong governor who has aligned closely with federal interests during Republican presidencies (e.g., volunteering the National Guard for border control).
  • Criticized for the handling of the Uvalde shooting and the oversight of the energy grid during the Texas freeze.

Major Executive Offices and Commissions

• Attorney General: The chief legal officer; represents Texas in litigation against other states and the federal government. Handles child support collection and consumer protection.
• Comptroller of Public Accounts: The state's tax administrator and accountant. The most critical power is that the budget cannot pass without the Comptroller's signature certifying that the revenue matches expenditures.
• Commissioner of the General Land Office: Manages state-owned lands and mineral rights; revenue from these lands goes into the Permanent University Fund and Permanent School Fund for education.
• Commissioner of Agriculture: Regulates agriculture and consumer protection. This office has grown more important due to NAFTA and agricultural exports to Mexico.
• Secretary of State: The only major executive office appointed by the Governor. Their primary responsibility is administering and overseeing elections across the state's counties.
• Texas Railroad Commission: Consists of $3$ members elected statewide. Despite the name, they oversee the oil, natural gas, and mining industries, making them extremely powerful in the Texas economy.
• State Board of Education (SBOE): $15$ members elected from districts. They select textbooks and set curriculum standards.
  • Example: Controversies over curricula include the use of the term "transatlantic trade" instead of "slavery" and banning books perceived as too radical or contrary to "family values."
• Public Utility Commission: A $3$-member appointed board responsible for regulating the deregulated energy industry and protecting consumers.

Accountability and the Sunset Process

• Public Information Act: Allows citizens and journalists to request information from the state.
• Open Meetings Act: Requires government policy-making to be transparent.
• Sunset Advisory Commission (established $1977$):
  • Every agency in the executive branch is reviewed every $12$ years.
  • Agencies must prove they are using taxpayer money efficiently or face being abolished, consolidated, or reorganized.
• Staffing: Texas uses a merit-based civil service system for state jobs (competitive exams), but local/county governments often still use a patronage system (hiring based on "who you know").

Questions & Discussion

• The 2013 Wendy Davis Filibuster:
  • Scenario: Senator Wendy Davis attempted to block a strict abortion bill by filibustering for several hours (not eating, drinking, or sitting down).
  • Outcome: While the filibuster was technically successful in stopping the bill during that session, the Lieutenant Governor immediately called a special session to pass the bill anyway.
  • Significance: A filibuster is a tool used by the minority party to bring public attention to an issue, even if it cannot ultimately stop the majority's agenda in the long run.

Common Texas Paradoxes Identified:

1. A "weak" office that produces "strong" governors due to 12+ year tenures.
2. A state that prides itself on being "Texas Tough" on crime but is reluctant to use the Governor's judicial pardon power despite known errors in death penalty cases.
3. A plural executive designed for accountability that often makes it harder for voters to know who is responsible for specific failures.
4. Four U.S. Presidents from Texas (Eisenhower, LBJ, Bush, and Bush) were all "war presidents," reflecting the state's political subculture.