Chapter 7 - Interest Groups

What is an Interest Group?

An interest group is at its core, an organization of individuals with similar views that tries to influence government to respond favorably to their group’s views. They are also known as “pressure groups”, “special interest groups”, or “lobbies”.

• They seek to influence, not to run the government.

  • Political influence is enhanced when interest groups are well represented in the structure of government.

• Intermediaries for those sharing common interests. They may not constitute majority.

• They do not seek to get its members elected to public office, they only seek to influence policy makers regardless of party affiliation

The reason for Interest Groups

Legal and Cultural Reasons

NAACP v Alabama (1958)

• Alabama sought to obtain the National Association for the Advancement of Colored People (NAACP)'s membership lists, which the organization argued violated their First Amendment rights to free association and assembly. The Court ruled in favor of the NAACP, protecting their membership confidentiality.

Decentralized government allow for increased influence by interest groups.

Why join an interest group?

People join interest groups out of a need to join a professional or occupational group, to associate with like-minded individuals, or to receive information or benefits from the interest group.

Characteristics of Interest Groups

People join for financial, professional, or social reasons. Members of interest groups tend to be professional, educated people working in managerial roles and have resources. Within interest groups, there are active minorities and passive minorities.

Two types of organizational patterns:

1. Highly Centralized Organizations

   • Examples: National Rifle Association (NRA)

2. Decentralized Alliances

   • Example: Trade Associations

Interest groups can range on a variety of topics from public issues (Education, environment, social justice, morality) to professions/occupations (Health, Law, Education, etc.

Types of Interest Groups

Economic Groups

1. Business Groups: The most numerous and powerful of all interest groups in Texas.

   • Texas Gaming Association

   • Texas Association of Builders

2. Labor Groups: Advocate for increased wages, including minimum wages, health insurance coverage, unemployment insurance, and safe working conditions.

   • Texas State Employees Union

   • AFL-CIO

Professional/Public Employee Groups

1. Professional Groups

   • State Bar of Texas

   • Texas Health Care Association

   • Texas Society of Certified Public Accountants

2. Public Officer and Employee Groups

   • Texas Public Employees Association

Social Groups

1. Racial and Ethnic Groups

   • National Association for the Advancement of Colored People (NAACP)

   • League of United Latin American Citizens (LULAC)

2. Women’s Groups

   • Annie’s List

3. Religion-based Groups

   • Christian Coalition

Public Interest Groups

Generally, they promote the general interests of society. Topics include environmental concerns, consumer protection, political participation, and public morality.

1. Common Cause Texas

2. Texans for Public Justice

3. Siera Club

4. PETA

5. Human Rights Concerns

Texas Power Groups

Interest groups specific to Texas. The most powerful in the state are business-oriented trade associations, professional associations, and labor unions.

It is common for them to have strong links to legislators and bureaucrats, have “repeat players”, and to have headquarters in Austin (The Capital of Texas)

Interest Group Activities

Lobbying

Interest groups connect with policy makers via personal communication (“Wine and Dine”), giving favors and gifts, and grassroots activities

Electioneering

Electioneering refers to the act of actively campaigning for a candidate or political party during an election. This includes activities such as canvassing, promoting policies, and mobilizing voters to support a specific candidate or cause.

When interest groups electioneer, they may issue advocacy for a certain politician, publicize political records, give them speaking opportunities at meetings, publicly endorse them, or support their campaigns.

Campaign Financing (PACs)

Political Action Committees, or PACs, are organized in order to raise and spend money on candidates. They may use their money to support candidates or to go against candidates.

• Texas Ethics Commission regulates lobbying, requiring them to file reports and puts a limit on how much a politician can be given.

Bribery and Unethical Practices

Sharpstown Bank Scandal (1970s)

Speaker Billy Clayton (1980)

Rep. Tom Craddick (2002)

U.S Rep. Tom Delay

Power and Regulation of Interest Group Politics

Interest group politics are regulated by the Texas Ethics Commission and new ethics laws (1991)

These laws prohibit candidates from receiving campaign contributions in the Texas state capitol building.

Each politician campaigning must submit an electronic campaign disclosure report. Donations at the end of a campaign, '“Late Train” donations. Texas election code is weak and difficult to enforce.

Citizens United v. Federal Election Commission (2010) ruled that the government could not restrict independent expenditures (the advocacy or otherwise of a political party or person) for political campaigns by corporations, non profits, labor unions, or other associations.

Texas overturned prohibition against super PACs in 2014

There is an evident relationship between campaign contributions given to a politician or politicians and policy decisions.

How do interest groups have power?

Internal factors like an alignment with broad public beliefs give interest groups power. External factors such as the political culture, relatively weak political parties, and unwieldly constitutions can also give interest groups power.

Pinpointed political power is issue-dependent, but organized interest groups in Texas have advantage over unorganized citizens.

Chapter 8 - The Legislative Branch

Legislative Framework

Election and Terms of Office

Two chambers (bicameral) within the legislative branch, the House and the Senate. The House has 150 members with two-year terms and the Senate has 31 members with four-year terms. Terms begin January of odd-numbered years, (2013, 2015, etc.)

Sessions

Regular sessions begin on the second Tuesday in January of odd-numbered years. They last 140 days maximum.

Special sessions are called by the Governor and last 30 days maximum. The governor is the only one who can call a special session, is the only one who can set the agenda, and can call for as many as he desires (no limits to amount of special sessions)

Districting

Boundaries for districts must be redrawn to ensure equitable representation. This occurs after the census (every 10 years)

State legislative districts. Reynolds v. Sims determined that districts must be population based. They CANNOT be drawn in favor of one group or party (gerrymandering). There are single-member and multi-member districts.

U.S Congressional Districts gain new boundaries after the federal census. Shelby County v. Holder as well as the Voting Rights Act of 1965 ensure pre-clearance is no longer necessary.

Legislators

Qualifications and Characteristics

When it comes to gender and ethnic classifications, it is dominated by Anglo (white) males, but is improving in terms of diversity. Several sessions ago, there were reports of male members meowing like cats (!!!!) when their female colleagues debated each other.

Republicans hold the majority in Texas legislature since 2003. Most Texas legislators have attended college (i.e. an institution of higher education) and are often attorneys or businesspeople.

In terms of religion, Christians are the most numerous with Catholic being the most common denomination.

Compensation

Legislators get a pay per diem allowance, essentially an allowance to be spent on travel and other things. It has been $7,200 annually since 1975, $190 per diem.

Expense allowances for both branches are $13,500 and $40,00 monthly for the House and Senate respectively. It is to be used on travel within Texas, postage, office operations, and staff

Retirement pensions are a complex formula. Many legislators don’t serve long enough to qualify. Payments may begin at a relatively young age. Compared to legislators in other states, those in Texas receive low pay, reasonable allowances, and generous retirements.

Legislative Organization

Presiding Officers

President of the Senate/The Lieutenant Governor. He is not a member of the Senate but plays a leading role in legislative matters. He is elected for 4-year terms by citizens and is the most powerful elected official.

Speaker of the House serves as a representative. Elected by members of the house for a two-year terms. Controls house proceedings, creates and abolishes committees, votes rarely on bills and resolutions.

Committee System

House standing committees are substantive, procedural, select, and interim. Senate Standing Committees are standing, select, and interim.

Legislative Caucus System

Caucuses for Parties, racial/ethnics, ideologies (Texas Conservative Coalition for Republicans, Legislative Study Group for Democrats). There are bipartisan caucuses.

Legislative Operations

Powers and Immunities

Legislation makes public policies. Resolutions include simple resolutions (SR or HR), concurrent resolutions (HCR or SCR), and joint resolutions (JR). They can also propose bills, which are laws or statutes that can be implemented. Special bills create exceptions granted to individuals, classes or corporations, general bills apply to all people, and local bills affect a single unit of local government.

Legislation has administrative and investigative powers (oversight and senatorial courtesy), impeachment and removal powers, as well as immunities.

Rules and Procedures

Each chamber adopts its own rules. Procedural issues are decided by the presiding officer. Parliamentarian.

How a Bill Becomes a Law

1. Bill is introduced to the house

2. First reading in the House as well as a referral to Committee

3. House committee consideration and report

4. Second reading, debate, and vote in the House

5. Third reading and final passage in the house

6. Bill moves to the senate, first read and referred to committee

7. Senate committee considers and reports

8. Second reading, debate, and vote in the senate

9. Third reading and final passage in the senate

10. Bill returns to the house

11. Conference committee

12. Conference committee report

13. Enrollment

14. Signatures of the Chief Clerk and Speaker

15. Signatures of Secretary of Senate and Lieutenant Governor

16. Action by the Governor.

Influences within the Legislative Environment

Things that influence legislation include constituents, presiding officers, the Governor, the Attorney general and judges, state comptroller, lobbyists for special interests, events, research organizations, and the media.

Policymakers need reliable information. Most Texas legislators depend heavily on information provided by their staffs, by administrative agencies, and by lobbyists. In addition, legislators obtain information from official research bodies and independent providers of public policy research, also called “think tanks”

Research organizations in Texas:

1. The Texas Legislative Council

2. the House Research Organization

3. The Senate Research Center

4. The Center for Public Policy Priorities

5. Every Texan, formerly the the Texas Public Policy Foundation

The media’s influence occurs on social media and on online news sites such as the Texas Tribune, the Texas Insider, etc.

Chapter 9 - The Executive Branch

Gubernatorial Elections

The constitutional requirements to run for Governor in a gubernatorial election are that you must be 1) 30 years of age or older, 2) a U.S. Citizen, 3) Texas residency for 5 years immediately preceding election, and 4) must acknowledge existence of *Supreme Being*. Governors have unlimited 4-year terms.

Various bills passed by the Texas legislature and the ability to select the appointed leaders of key agencies, boards, and commissions from 2001 to January 2015 gave Governor Rick Perry more power than earlier governors.

In gubernatorial elections and politics, money is an incredibly important matter. Significant funding is needed to publicize candidates. In 2002, Governor elect Sanchez spent $67 million when he ran against Governor Perry. Money is not only a symbol of public support, but it is also a tool that can be used to gain legislative support. Donor policymaking appointments are created during this time. Gubernatorial politics are mostly gentle persuasion and arm-twisting in order to gain legislator’s supports.

Overview of the Governorship

When it comes to compensations and benefits, Governors receive an annual salary of $153,750 with benefits. They receive official travel and security as well as staff/maintenance for their personal residence. Staff members are appointed and removed by the governor and they direct programs mandated by legislature.

Governors are succeeded by the Lieutenant governor/president pro tempore of the Senate most immediately and can serve as the acting governor when need be. The Speaker of the House is third in Governorship successions, followed by the Attorney General, and lastly the Chief Justices of 14 courts of appeal.

In order for a Governor to be removed from Office, a majority vote in the House of Representatives is needed to use the power of impeachment. The Senate can convict the governor by a 2/3 majority. Governor James E. “Pa” Ferguson is the only governor to have been impeached and removed.

Powers of the Governor

Governors hold a host of different state-level powers, both formally and informally.

Informal Powers

Informal Powers are powers not based on any law, but rather rely on the governor’s popularity with public. Powers include the Chief of State role, continuing traditions, symbols, and ceremonies, holding speeches and public appearances, the use of social media, and the involvement of family members in the government.

Executive Powers

Appointive Powers need to be overseen by the Advise and Consent of the Senate. Appointive powers include recess appointments. While recess appointments can be used to put someone into office without the Senate’s approval, it has its limitations. There is a political overlap when a recess appointment occurs, spanning over 6 years.

Removal powers of the Governor are few to none. They have no independent removal powers over most state agencies.

Military powers of the Governor include being the Commander-in-Chief of the Texas Military (Texas Army National Guard, Texas Air National Guard, and the Texas State Guard)

Law enforcement powers include appointing the Public Safety Commission and commanding the Texas Rangers.

Budgetary powers include the ability to prepare the budget, the ability to veto and line-item veto laws, and the creation of contingency riders.

Executive orders and proclamations include the ability to set policy in the executive branch and to abolish task forces. While Governors have these powers, they are not used very often. Proclamations are used for ceremonial purposes.

Economic Development powers allowed the establishment of enterprises such as the Texas Enterprise Fund in 2003.

Legislative Powers

Governors have the ability to hold State of the State addresses, sign bills into power, and have veto powers. Post-adjournment vetoes can occur (vetoes that the governor evokes after congress has adjourned, therefore being unable to override the veto)

Pork-barrel politics (spending a large sum of money in their own district) is common for Governors to do once they are elected into office.

Governors can also call special sessions, with no restrictions on the number of sessions so long as they do not exceed 30 days in length at once. Often, the threat of a special sessions is a tool that the governor uses to influence legislature.

Judicial Powers

Governors can appoint and remove judges and justices in the supreme courts. They can also commit acts of executive clemency (the ability to reduce the consequences a criminal must be subject to following a conviction.). Acts of executive clemency include allowing parole, offering full and conditional pardons, reprieving the death sentence, and commutating sentences of criminals.

The Plural Executive

The Lieutenant Governor is an elected official with the most influence on the legislative branch. They have an annual salary of $7,200.

The Attorney General is an elected official that represents the state in civil litigations. They issue advisory opinions, initiate quo warranto proceedings, and submit amicus curiae briefs.

The Comptroller of Public Accounts is the chief accounting officer and tax collector. There are no formal qualifications for this office.

The Commissioner of the General Land Office oversee interests regarding public lands and minerals. There are no formal qualifications for this office.

The Commissioner of Agriculture enforce agricultural laws and policies, as well as ensure that gas pumps, grocery store scales, and other meters are accurate. They are known as a “practicing farmer.”

The Secretary of State is appointed directly by the governor. They act as the chief elections officer and grant corporate charters and permits.

The State Bureaucracy

In the Institutional context, authority is fragmented. The Governor has limited power, state agency boards are not full-time, and there are sunset review processes in place.

State employees are members of public administrations/bureaucrats. Often, employees are appointed by a patronage system (being appointed to a job due to closeness to the Governor by being in the same political party, by familial relationship, or by platonic relationship.) A merit system is put into play, meaning employees are retained ,hired, and promoted based on their skills. While working for the state, there is a large sense of service. Employees are given paid vacation, have off for state holidays, and are given sick leave. There are numerous state employees. In 2014, there were 313,000 government employees.

There are three boards that oversee education in Texas. The State Board of Education (including the Texas Education Agency, TEA, and the Commissioner of Education), the Board of Regents, and the Texas Higher Education Coordinating Board.

Health and human services is overseen by an executive commissioner appointed by the Governor.

Employment within the state is overseen by the Texas Workforce Commission (TWC)

Environmental and Economic Agencies include the Railroad Commission, the Public Utility Commission, the Department of Insurance, the Department of Transportation, the Parks and Wildlife Department, etc. etc.

Chapter 10 - The Judicial Branch

State Law in Texas

Texas has one of the LARGEST judicial systems in the country, involving several types of crime. Civil law consists of cases involving business contracts or noncriminal matters, criminal law cases, misdemeanors or crimes less serious than felonies, and felony case jurisdiction.

Laws are sourced from several places. Provisions of the Constitution, legislative statutes (laws made by a legislative body), state agency regulations, and judge-made common law.

Courts, Judges, Lawyers, and Juries

death penalty cases and DNA forensic cases automatically go to the court of criminal appeals.

Trial and Appellate Courts

The original jurisdiction of a court is the power of a court to hear a case first. The appellate jurisdiction is the power of a court to review cases after they have been tried elsewhere, so long as one of the parties were dissatisfied with the outcome. Other jurisdictions include exclusive and concurrent.

Local trial courts include municipal courts, justice of the peace courts, and courts of record (courts where a written or electronic record is made of the proceedings).

County Trial Courts include constitutional county courts, county courts-at-law, and probate courts.

State trial courts are mostly designated as district courts and oversee all types of civil cases (including slander). A few are criminal district courts. Concurrent jurisdiction with lower courts begin at this level.

Intermediate appellate courts include all 14 state court-of-appeals districts. Judges here are given staggered 6-year terms, and decisions require a majority vote.

Specialty courts: Cluster, drug, and veterans’ courts

Alternative dispute resolution: Mediator to negotiate disputes, “vanishing jury trial”

Judges and Justices

Judges and justices are chosen in partisan elections, but many appose this practice. The Missouri Plan is a plan used to select judges. Under the plan, a non-partisan commission reviews the candidates and send a list of the candidates considered best qualified to the Governor. If the governor does not make a selection within 60 days, the commission makes the selection. Appointment-retention is also used.

Judges can be removed by voters, trial by jury, by legislative address, or impeachment. The State commission on judicial conduct oversees punishment/discipline of judges. However, they are criticized for being too lenient. Oversees “Amicus Curiae” or “Friend of the Court”

Lawyers and Juries

Lawyers must be a member of the State Bar of Texas in order to practice law in Texas. Legal services are provided for the poor by the State of Texas at a contingency fee (a compensation for a lawyer based on a percentage of a winning lawsuit). Texas Access to Justice Commission.

There are two types of juries: the Grand Jury and the Petit (Trial) Jury. Grand juries are chosen by a key-man system or at random and determine if there is evidence to warrant a trial. Petit/Trial juries have very minimal qualifications to serve. In a civil case, juries decide based on the preponderance of the evidence. In criminal cases, the verdict must be unanimous.

In order to serve on a jury, you must be a citizen of the U.S and Texas, 18+ years old, of sound mind, be able to read and write, and can neither be convicted of a felony nor be under indictment. Funded up to $6 per juror per day.

Venire → Panel of prospective jurors

Voir Dire → The preliminary examination of a witness or a juror by a judge/counsel

Judicial Procedures (Civil)

Important subjects of civil law: Torts, contracts, and domestic relations.

Three types of damages in civil cases: economic, noneconomic, and exemplary/punitive.

Civil trials have plaintiffs and defendants. In a civil trial a petition must be filed, the clerk must issue a citation, and there must be discovery.

Brief opening statements → Plaintiff presents →Defendant cross-examines → Defendant offers evidence → Plaintiff challenges evidence → Judge writes charge to jury → Special issues → Verdict (Jury) → Judgement (Judge)

In the criminal justice system, Texas has a Code of Criminal Procedure. The police must advise of suspect of rights (Miranda Warning), if a person is unable to afford attorney they are assigned one, and criminals have the right to trial by jury but it can be waived (plea bargaining, etc.)

Criminal trial and appeal: Jury selected → Misdemeanor or felony → Defendant enters plea → State and defense present cases → Judge charges jury → Attorneys present final arguments → Jury decision MUST be unanimous.

Chapter 11 - Financial and Fiscal Policy

Fiscal policies are policies that are concerned with revenues, expenditures, and borrowing.

Most Texans, when given the choice, prefer regressive taxation