Notes on Texas RRC Regulation, Governor Tenure, and Appointive Power
RRC regulatory function and potential name change
The Railroad Commission of Texas (RRC) directly affects citizens by setting the rates that local natural gas companies charge for residential and commercial customers; the RRC must approve these rates.
It also regulates the safety of natural gas systems.
There has been a suggestion to rename the agency to better reflect its function, with proponents arguing the current name is confusing to voters and does not reflect all of its duties.
Governor tenure, term limits, and historical context
Tenure of office refers to the legal ability of governors to succeed themselves and the length of their term.
Historically, gubernatorial tenure has been shorter than that of many other statewide elected officials, partly due to term limits.
A long-standing pattern: 28 term limits for governors have been a fixture since the beginning of the US Republic. In the original 13 states, many governors served 1 year terms; states then shifted to 2-year terms, followed by 4-year terms.
In the 1960s, states borrowed from the US Constitution’s 22^{nd} Amendment the idea of limiting chief executives to a fixed number of terms. The move to two 4-year terms occurred, with southern states generally adopting longer terms later; many southern states once prohibited consecutive terms, with Virginia retaining this provision today.
A reference note mentions: "Math 4.3 provides a comparison of gubernatorial term limits" (likely a course or text figure).
The central argument for longer terms is political: if a governor can appoint and remove heads of most state agencies, they can exert greater control over program administration; hence, longer terms can consolidate influence over the executive branch.
Historical development of gubernatorial appointment power and executive structures
Historically, governors did not have strong appointive powers. In much of the 19th century, heads of state agencies were elected, not appointed, a pattern linked to Jacksonian democracy (President Andrew Jackson’s belief in the ballot box for selecting administrators).
Toward the end of the 19th century, there was a proliferation of agencies headed by appointed or elected boards and commissions.
For much of this period, the governor was just one of many elected state officials and had limited formal control over state administration.
Power tended to be dispersed among multiple elected figures in what is called a plural executive structure.
Administrative structure of Texas (Figure 4.1 reference)
The Texas state government is organized into three broad categories (as depicted in Figure 4.1):
Statewide elected offices
Single head agencies appointed by the governor
Boards and commissions appointed by the governor
This structure illustrates how control is distributed between elected officials and gubernatorial appointments, with varied levels of influence over administration.
Expansion of appointive and removal powers in the modern era
Equally important to appointive power is the power to remove administrators; removal authority strengthens the governor’s reach. Removal powers expanded in the early twentieth century in some states, and have generally increased in the past three decades, though this pattern is not universal in the South or for Texas specifically.
A note on a historical event: in February 2001, Texas voters rejected an amendment that would have made the adjutant general of the Texas National Guard subject to gubernatorial removal.
The traditionalistic political culture in Texas is cited as not supporting strong executive authority even for relatively minor offices.
Scope and limits of gubernatorial appointments in Texas
Of the 174 currently active agencies in Texas, the governor appoints only a subset of agency heads; the most significant appointment is the secretary of state, who serves as chief record keeper and election official for the state.
The governor also appoints the executive directors of several departments, including:
Department of Commerce
Department of Health and Human Services
Department of Housing and Community Affairs
Department of Insurance
Office of State-Federal Relations
In contrast, many agency heads are elected, and most agencies are controlled by independent boards and commissions over which the governor has only limited direct influence.
Independent state agencies are typically governed by boards or commissions of varying sizes (commonly 3, 6, or 9 members) with overlapping, staggered terms of 6 years, usually with about one third of the membership appointed every two years.
In total, there are roughly 1{,}500 position appointments in gubernatorial control over a four-year term period.
If a governor serves two terms (i.e., 8 years), they can influence and potentially appoint all members of these agencies and boards, thereby gaining indirect influence over them.
Governor Abbott example and board interactions
See Table 4.2 for an illustration of Governor Greg Abbott’s first year and a half in office, and the note that the governing board chooses agency heads. A specific example cited:
The president of a Texas state university is selected by the Board of Regents, whose members are appointed by the governor; thus, the governor can indirectly influence university leadership.
In 02/2002, rumor circulated that Governor Perry strongly supported the selection of retiring Senator Phil Gramm as president of Texas A&M University (A&M).
Another pointed example: Governor Perry’s appointees reportedly supported Gramm; Gramm’s wife, Wendy Gramm, was appointed to the A&M Board of Regents and served from 2001 to 2005, illustrating how gubernatorial appointments can shape higher education governance.
Senate confirmation, senatorial courtesy, and geographic representation
Some gubernatorial appointments require approval by a two‑thirds vote of the Texas Senate; the governor must clear these appointments with the Senate from the appointee’s home district, a practice known as senatorial courtesy.
Senatorial courtesy does not apply to all gubernatorial appointments, particularly nonpolicy-making boards.
Other constraints on appointments include requirements for geographic representation on some boards.
National Guard and state emergency powers
The governor can appoint the head of the National Guard, and the Guard serves to protect lives and property during disasters and to support evacuation, shelter, and relief efforts.
In the November 2020 election, the National Guard assisted with election security and was on standby for civil unrest protection.
The size of the National Guard, at the federal level, is determined and funded by Congress as the reserve force to the regular army; the Guard can be mobilized under state or federal authority.
Like other appointees, the governor’s authority over the National Guard is subject to broader constitutional and federal-state frameworks; other agencies with environmental and natural resources responsibilities also interact with the Guard in disaster contexts.
In Texas, beyond the National Guard, the governor has authority over several departments (e.g., Agriculture), the General Land Office, and the Railroad Commission; many environmental and natural resources matters fall under multiple agencies with varying degrees of gubernatorial influence.
Environmental regulation, natural resources, and key agencies
Texas has several agencies involved in environmental and natural resources regulation, including:
Texas Commission of Environmental Quality (TCEQ)
Parks and Wildlife Department
Soil and Water Conservation Board
Water Development Board
In a traditionally conservative state with a strong belief in free markets, there are nonetheless at least 38 separate professional licensing and examining boards regulating many professions.
Examples of professions with state licensing/regulation include accountants, architects, barbers, chiropractors, and cosmetologists.
The transcript ends with an aside: "Hello? No. There's not limit." indicating either a misstatement or an incomplete thought about licensing limits.
Summary of key implications and connections
The balance of power between elected officials and appointed boards/commissions shapes state administration and policy implementation.
Term length and term limits influence gubernatorial strategy, especially regarding appointment cycles and long-term policy influence.
The traditionalistic political culture in Texas often limits consolidation of executive power, leading to a plural executive arrangement with diverse boards and commissions.
Senate courtesy provides a check on gubernatorial appointments, promoting legislative involvement in governance.
The interaction of federal and state authority is evident in National Guard roles and disaster responses, as well as in education governance via state universities.
The proliferation of licensing and regulatory boards reflects both the regulatory state and the complexity of professional regulation in a large state economy.