Texas Government Study Notes
Overview
Author: Dr. Daniel M. Regalado
Originally Written: Fall 2017
Reformatted: May 2022
Description: First Open Educational Resource (OER) Texas Government textbook in the United States.
License: Creative Commons Attribution
Languages: English
Table of Contents
Texas History and Culture
Independence for Texas
The Mexican-American War, 1846–1848
The Constitutions of Texas
State Political Culture
Federalism
Division of Powers
The Evolution of Federalism
The Texas Legislature
Qualifications and Organization
How a Bill Becomes Law in Texas
The Executive Branch
The Governor
The Texas Plural Executive
The Texas Justice System
Jurisdiction, Types of Law, and the Selection of Judges
Court Organization
Texas Criminal Justice Process
Civil Liberties and Civil Rights
Political Participation
Voting
Elections
Public Opinion
The Media
Political Parties
Interest Groups
Texas Policy
Texas Budget and Revenue
Local Governments
Texas History and Culture
1. Independence for Texas
Learning Objectives:
Explain why American settlers sought independence from Mexico.
Discuss early attempts for Texas independence.
Describe Anglo-American and Tejano relations before and after independence.
Historical Context
Incursions by early filibusters indicated American expansionist desires in Texas.
Treaty of 1819 defined U.S.-Mexico boundary, leading to population influx into Texas.
Post-Mexican independence (1821), settlers aimed to create a slave state.
American Settlers in Texas
Empresario System:
Empresarios were contracted to bring settlers in exchange for land.
Stephen F. Austin facilitated the settlement of 300 Americans under condition of conversion to Roman Catholicism.
Beneficiaries of generous land offers from Mexico fueled migration from slave states.
Texas War for Independence
By early 1830s, escalating tensions due to
Mexican legal system discord.
Prohibition of public non-Catholic practices.
Mexican abolition of slavery in 1829.
Relationship and Revolt
Many settlers disregarded Mexican laws, leading to tensions.
Republic of Fredonia (1832):
Edwards’s rebellion against Mexican authority.
Mexican government’s response tightened restrictions, furthering discontent.
Attempts for Autonomy
Delegates in 1831 demand autonomy for Texas.
New Mexican president granted many requests but denied statehood.
1834: Santa Anna dissolves Mexican Congress, increasing tensions.
Remembering the Alamo
Siege and fall of the Alamo (February-March 1836):
Major event in Texas Revolution led by Travis against Santa Anna.
Inspired rallying cries: "Remember the Alamo!" and derived international attention.
2. The Mexican-American War, 1846–1848
Learning Objectives:
Identify the causes of the war.
Discuss the outcomes, including the Mexican Cession.
Background and Causes
Declining U.S.-Mexico relations in the early 1840s due to territorial ambitions.
Incidents like the seizure of Monterey escalated tensions.
Manifest Destiny
Definition: The idea expressing the U.S. right to expand westward.
The era saw increasing territorial aspirations from Americans, causing friction with Mexico.
U.S. Presidential Motives
President Polk’s aggressive push for land acquisition served as a catalyst for the war.
U.S. annexation of Texas became a point of major contention.
War Outbreak
Key Events:
U.S. troop conflicts near the Rio Grande sparked war declaration (1846).
Congress responded to escalating tensions and violence, declaring war on Mexico.
War Outcomes
Treaty of Guadalupe Hidalgo resulted in significant land acquisitions for the U.S.
Included territories now known as California, Arizona, Utah, Nevada, and parts of Colorado/Wyoming.
Established the Rio Grande as the border.
The Constitutions of Texas
1.1 Overview
Texas has operated under various constitutions:
Mexican Constitution of 1824: Catholicism was mandated.
Texas Constitution of 1836: Established independence as the Republic.
Constitution of 1845: Pre-approved Texas could split into 5 states.
Constitution of 1861: Adopted during secession.
Current Constitution - 1876
Created to limit government power and enhance citizen rights.
Structure:
17 Articles, 491 Amendments (as of 2015).
Defined legislative, executive, and judicial branches.
Article 1: Bill of Rights, emphasizing civil liberties.
Texas Political Culture
Elazar’s Theory categorizes Texas as mixed traditionalistic and individualistic cultures, impacting political engagement.
Moralistic Culture: Government as a force for general welfare.
Individualistic Culture: Government serves citizen's personal goals.
Traditionalistic Culture: Maintains existing social order and typically aligns with elite interests.
2. Federalism and Division of Powers
Definition and Framework
Federalism: Allocates powers between two autonomous levels - national and state.
U.S. Constitution delineates the extent of federal and state power, ensuring a balance between them.
Characteristics of Federalism
Separate governmental functions, written constitution requiring substantial consent for amendments, clearly defined legislative, judicial, executive authority to safeguard autonomy, resolution of disputes by national courts, and representation of subnational interests at the national legislative level.
The Evolution of Federalism
Historical perspective outlining the balance between national and state powers has shifted through significant historical epochs, from dual federalism to cooperative federalism and to current manifestations of new federalism.
Current Political Climate
State and federal interactions frequently require collaboration, influencing education, healthcare and public safety.
The Texas Legislature
1. Structure and Organization
Bicameral System: Upper House (Senate - 31 members) and Lower House (House - 150 members).
Legislators serve 140-day biennial sessions, with specific qualifications for senators and representatives addressing residence, age, and citizenship requirements.
2. Legislative Process: How a Bill Becomes a Law
Stages and Requirements
Introduction of Bill: Only legislator can propose.
Committee Action: Review, testimonies and recommendations.
Floor Action: Debates, voting, approval required.
Conference Committee: If clauses differ, committees reconcile versions.
Governor's Decision: Options include signing, vetoing, allowing bill to pass without signature based on timing.
The Executive Branch and the Governor
1. Qualifications and Responsibilities
Governor's Criteria: 30 years old, Texas resident for 5 years, U.S. citizen.
Executives roles involve signing bills, managing state military, budget recommendations and appointments.
2. Plural Executive Structure
Executive powers shared with elected officials like Lt. Governor, Attorney General, Secretary of State, etc.
The Texas Justice System
1. Overview of Jurisdiction and Types of Law
Jurisdictions
Original Jurisdiction: First court to hear a case.
Appellate Jurisdiction: Higher court reviews lower court's decisions.
Exclusive Jurisdiction: Limited to particular types of cases.
Types of Law
Civil vs. Criminal: Civil laws settle disputes; criminal laws handle offenses against the state.
Related legal classifications include felonies and misdemeanors.
2. Selection and Organization of Judges
Judges are elected in Texas except for municipal levels; selection emphasizes accountability and qualifications.
3. Criminal Justice Process
Steps
Arrest ensuring Miranda Rights.
Indictment involving a grand jury if a felony.
Plea Bargaining to manage case loads.
Trial structured by adversarial systems.
Post-Trial affects rehabilitation and punishment factors.
4. Civil Liberties and Rights
Defined by limitations on government encroachment on individual freedoms and protections against discrimination across various demographics.
Political Participation
1. Voting and Elections
Political Dynamics
Election processes include primaries and general elections with distinct constraints.
Voter legitimacy metrics include mandatory registration processes.
2. Public Opinion
Impact and Measurement
Role in shaping government responses, policy decisions, electoral outcomes, and levels of engagement.
Media coverage significantly affects political participation and perceptions across various demographics.
3. The Media
Functions as a watchdog, agenda setter, and a source of information with bias implications affecting public discourse and policy discussions.
4. Political Parties and Interest Groups
System is dominated by two major political parties with distinct ideological orientations and organizational structures.
Interest groups play a critical role in lobbying, funding, and propagating specific policies aligned with their interests.
Texas Policy, Budget, and Revenue
1. Financial Operations
Taxation Types
Income Tax: Texas implements no state income tax.
Sales Tax: Major revenue source for state services.
Excise and Property Taxes: Fund various public services.
Budgeting Process
Fund request by agencies.
LBB analysis and proposal submission.
Governor's certification post-legislature approval.
2. Revenue Structures
State budget allocations prioritize sectors including health, education, and federal aid with variable expenditure focuses.
3. Local Government Structure
Differences Between County and Municipal
Counties are larger, administrative units managing regional affairs whereas municipalities deal with specific local governance issues. Local revenue primarily from property taxes and user fees.
Overview
Author: Dr. Daniel M. Regalado
Originally Written: Fall 2017
Reformatted: May 2022
Description: First Open Educational Resource (OER) Texas Government textbook in the United States.
License: Creative Commons Attribution
Languages: English
Table of Contents
Texas History and Culture
Independence for Texas
The Mexican-American War, 1846–1848
The Constitutions of Texas
State Political Culture
Federalism
Division of Powers
The Evolution of Federalism
The Texas Legislature
Qualifications and Organization
How a Bill Becomes Law in Texas
The Executive Branch
The Governor
The Texas Plural Executive
The Texas Justice System
Jurisdiction, Types of Law, and the Selection of Judges
Court Organization
Texas Criminal Justice Process
Civil Liberties and Civil Rights
Political Participation
Voting
Elections
Public Opinion
The Media
Political Parties
Interest Groups
Texas Policy
Texas Budget and Revenue
Local Governments
Texas History and Culture
1. Independence for Texas
Learning Objectives:
Explain why American settlers sought independence from Mexico.
Discuss early attempts for Texas independence.
Describe Anglo-American and Tejano relations before and after independence.
Historical Context
Incursions by early filibusters indicated American expansionist desires in Texas.
Treaty of 1819 defined U.S.-Mexico boundary, leading to population influx into Texas.
Post-Mexican independence (1821), settlers aimed to create a slave state.
American Settlers in Texas
Empresario System:
Empresarios were contracted to bring settlers in exchange for land.
Stephen F. Austin facilitated the settlement of 300 Americans under condition of conversion to Roman Catholicism.
Beneficiaries of generous land offers from Mexico fueled migration from slave states.
Texas War for Independence
By early 1830s, escalating tensions due to
Mexican legal system discord.
Prohibition of public non-Catholic practices.
Mexican abolition of slavery in 1829.
Relationship and Revolt
Many settlers disregarded Mexican laws, leading to tensions.
Republic of Fredonia (1832):
Edwards’s rebellion against Mexican authority.
Mexican government’s response tightened restrictions, furthering discontent.
Attempts for Autonomy
Delegates in 1831 demand autonomy for Texas.
New Mexican president granted many requests but denied statehood.
1834: Santa Anna dissolves Mexican Congress, increasing tensions.
Remembering the Alamo
Siege and fall of the Alamo (February-March 1836):
Major event in Texas Revolution led by Travis against Santa Anna.
Inspired rallying cries: "Remember the Alamo!" and derived international attention.
2. The Mexican-American War, 1846–1848
Learning Objectives:
Identify the causes of the war.
Discuss the outcomes, including the Mexican Cession.
Background and Causes
Declining U.S.-Mexico relations in the early 1840s due to territorial ambitions.
Incidents like the seizure of Monterey escalated tensions.
Manifest Destiny
Definition: The idea expressing the U.S. right to expand westward.
The era saw increasing territorial aspirations from Americans, causing friction with Mexico.
U.S. Presidential Motives
President Polk’s aggressive push for land acquisition served as a catalyst for the war.
U.S. annexation of Texas became a point of major contention.
War Outbreak
Key Events:
U.S. troop conflicts near the Rio Grande sparked war declaration (1846).
Congress responded to escalating tensions and violence, declaring war on Mexico.
War Outcomes
Treaty of Guadalupe Hidalgo resulted in significant land acquisitions for the U.S.
Included territories now known as California, Arizona, Utah, Nevada, and parts of Colorado/Wyoming.
Established the Rio Grande as the border.
The Constitutions of Texas
1.1 Overview
Texas has operated under various constitutions:
Mexican Constitution of 1824: Catholicism was mandated.
Texas Constitution of 1836: Established independence as the Republic.
Constitution of 1845: Pre-approved Texas could split into 5 states.
Constitution of 1861: Adopted during secession.
Current Constitution - 1876
Created to limit government power and enhance citizen rights.
Structure:
17 Articles, 491 Amendments (as of 2015).
Defined legislative, executive, and judicial branches.
Article 1: Bill of Rights, emphasizing civil liberties.
Texas Political Culture
Elazar’s Theory categorizes Texas as mixed traditionalistic and individualistic cultures, impacting political engagement.
Moralistic Culture: Government as a force for general welfare.
Individualistic Culture: Government serves citizen's personal goals.
Traditionalistic Culture: Maintains existing social order and typically aligns with elite interests.
2. Federalism and Division of Powers
Definition and Framework
Federalism: Allocates powers between two autonomous levels - national and state.
U.S. Constitution delineates the extent of federal and state power, ensuring a balance between them.
Characteristics of Federalism
Separate governmental functions, written constitution requiring substantial consent for amendments, clearly defined legislative, judicial, executive authority to safeguard autonomy, resolution of disputes by national courts, and representation of subnational interests at the national legislative level.
The Evolution of Federalism
Historical perspective outlining the balance between national and state powers has shifted through significant historical epochs, from dual federalism to cooperative federalism and to current manifestations of new federalism.
Current Political Climate
State and federal interactions frequently require collaboration, influencing education, healthcare and public safety.
The Texas Legislature
1. Structure and Organization
Bicameral System: Upper House (Senate - 31 members) and Lower House (House - 150 members).
Legislators serve 140-day biennial sessions, with specific qualifications for senators and representatives addressing residence, age, and citizenship requirements.
2. Legislative Process: How a Bill Becomes a Law
Stages and Requirements
Introduction of Bill: Only legislator can propose.
Committee Action: Review, testimonies and recommendations.
Floor Action: Debates, voting, approval required.
Conference Committee: If clauses differ, committees reconcile versions.
Governor's Decision: Options include signing, vetoing, allowing bill to pass without signature based on timing.
The Executive Branch and the Governor
1. Qualifications and Responsibilities
Governor's Criteria: 30 years old, Texas resident for 5 years, U.S. citizen.
Executives roles involve signing bills, managing state military, budget recommendations and appointments.
2. Plural Executive Structure
Executive powers shared with elected officials like Lt. Governor, Attorney General, Secretary of State, etc.
The Texas Justice System
1. Overview of Jurisdiction and Types of Law
Jurisdictions
Original Jurisdiction: First court to hear a case.
Appellate Jurisdiction: Higher court reviews lower court's decisions.
Exclusive Jurisdiction: Limited to particular types of cases.
Types of Law
Civil vs. Criminal: Civil laws settle disputes; criminal laws handle offenses against the state.
Related legal classifications include felonies and misdemeanors.
2. Selection and Organization of Judges
Judges are elected in Texas except for municipal levels; selection emphasizes accountability and qualifications.
3. Criminal Justice Process
Steps
Arrest ensuring Miranda Rights.
Indictment involving a grand jury if a felony.
Plea Bargaining to manage case loads.
Trial structured by adversarial systems.
Post-Trial affects rehabilitation and punishment factors.
4. Civil Liberties and Rights
Defined by limitations on government encroachment on individual freedoms and protections against discrimination across various demographics.
Political Participation
1. Voting and Elections
Political Dynamics
Election processes include primaries and general elections with distinct constraints:
Primaries: Intra-party elections to select candidates for general elections. Texas utilizes both open and closed primary systems, allowing voters some flexibility in participation.
General Elections: Final elections between party nominees and independent candidates for office. These occur at regular intervals, typically in November for statewide and national offices.
Voter legitimacy metrics include mandatory registration processes, which require citizens to register before casting a ballot. Other factors influencing participation include:
Voter Turnout: Varies significantly based on election type, candidate appeal, and issues at stake. Gubernatorial elections in Texas often see lower turnout than presidential elections.
Eligibility Requirements: Voters must be at least years old, a U.S. citizen, and a resident of Texas.
Barriers to Voting: Historically, poll taxes and literacy tests limited participation, but modern barriers might include strict voter ID laws and limited early voting opportunities.
2. Public Opinion
Impact and Measurement
Role in shaping government responses, policy decisions, electoral outcomes, and levels of engagement. Public opinion serves as a crucial link between citizens and government.
Media coverage significantly affects political participation and perceptions across various demographics. The way issues are framed can sway public sentiment.
Formation of Public Opinion: Influenced by family, schools, religious institutions, social groups, peer groups, and significant political events.
Measurement: Primarily through scientific public opinion polls, which use sampling techniques to estimate the views of a larger population. Accuracy depends on sample size, randomness, and question wording.
Influence on Policy: Policymakers often consider public opinion when drafting legislation or making executive decisions, though public opinion is only one of many factors.
3. The Media
Functions as a watchdog, agenda setter, and a source of information with bias implications affecting public discourse and policy discussions.
Watchdog Role: The media scrutinizes government officials and institutions for corruption or misconduct, holding them accountable to the public.
Agenda Setting: By choosing which stories to cover and how prominently, the media influences what the public perceives as important issues.
Information Source: Provides citizens with facts, analysis, and diverse viewpoints necessary for informed political participation.
Types of Media: Includes traditional forms (newspapers, television, radio) and new media (internet, social media, podcasts), each with unique reach and influence.
Bias Implications: Media outlets can exhibit various forms of bias (e.g., ideological, corporate, sensationalism) through selection of stories, framing, or emphasis, which can shape public perception and political attitudes. Fact-checking and critical media consumption are essential.
4. Political Parties and Interest Groups
System is dominated by two major political parties with distinct ideological orientations and organizational structures.
Political Parties:
Functions: Nominate candidates for office, campaign for elections, inform the public about issues, articulate policy platforms, organize government, and act as a link between citizens and government.
Two-Party Dominance: In Texas, as in the U.S. nationally, the Democratic and Republican parties are the most influential, though third parties exist but struggle for electoral success.
Organizational Structure: Parties have a hierarchical structure from local precincts to county, state, and national committees, responsible for strategy, fundraising, and voter mobilization.
Ideological Orientations: Each party generally adheres to a broad set of principles and policies, with Republicans typically leaning conservative and Democrats liberal, though internal diversity exists.
Interest Groups:
Play a critical role in lobbying, funding, and propagating specific policies aligned with their interests.
Types: Can be categorized by their focus, such as economic (e.g., business, labor, agriculture), public interest (e.g., environmental, consumer advocacy), government, or single-issue groups.
Methods of Influence:
Lobbying: Directly influencing policymakers through communication and persuasion.
Electioneering: Providing financial support to candidates (via Political Action Committees - PACs), endorsing candidates, and mobilizing voters.
Grassroots Activism: Encouraging members and the public to contact elected officials.
Providing Information: Offering specialized information to legislators and the public.
Impact: While providing a voice for various segments of society, a concern is the potential for disproportionate influence by well-funded groups, potentially distorting the democratic process.
Texas Policy, Budget, and Revenue
1. Financial Operations
Taxation Types
Income Tax: Texas implements no state income tax.
Sales Tax: Major revenue source for state services.
Excise and Property Taxes: Fund various public services.
Budgeting Process
Fund request by agencies.
LBB analysis and proposal submission.
Governor's certification post-legislature approval.
2. Revenue Structures
State budget allocations prioritize sectors including health, education, and federal aid with variable expenditure focuses.
3. Local Government Structure
Differences Between County and Municipal
Counties are larger, administrative units managing regional affairs whereas municipalities deal with specific local governance issues. Local revenue primarily from property taxes and user fees.