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Chapter 9: The Executive Branch (Texas) - Practice Flashcards

LO 9.1: Executive Powers of the Governor

  • Texas governor is the Chief Executive but operates in a plural executive system; formal powers are limited and balanced by other elected officials and by the legislature.
  • Key formal powers include:
    • Nominate and (in many cases) remove state officials; Senate approval required for most appointments.
    • Deal with civil disorder and natural disasters; participate in budget making; issue executive orders; issue proclamations; promote economic development.
  • Appointive power details:
    • Appoint heads such as the secretary of state and other department heads; governor can designate chairs of boards and commissions.
    • Senate approval required with a two‑thirds vote of those present ( rac{2}{3}).
    • Recess appointments must be submitted for Senate confirmation within 10 days after a regular/special session begins.
    • Most boards/commissions have overlapping six-year terms, so carryovers constrain a new governor.
    • Vacancies for elected department heads, Railroad Commission members, and some education/judicial posts can be filled by the governor and serve until the next general election; U.S. Senate vacancies are filled by interim appointees serving until a special election.
  • Removal power:
    • Legislature controls removal; governor lacks independent removal power over most agency heads.
    • Removal typically requires a two‑thirds vote in both houses on an impeachment-like process; informal pressure (not as effective) is sometimes used.
  • Military power:
    • Governor is Commander‑in‑Chief of Texas Military Forces when not under federal active service.
    • Adjutant General leads the Texas Military Forces; mobilization for disasters or emergencies is common.
  • Law enforcement power:
    • Governor appoints the Public Safety Commission; DPS commander oversees law enforcement.
    • Governor can mobilize the Texas Rangers; deployments for crime and crisis response occur.
  • Budgetary power:
    • Governor helps prepare the state budget; veto authority over appropriations (including a line‑item veto).
    • The veto can be overridden by a rac{2}{3} majority in both houses.
  • Executive orders and proclamations:
    • EO sets policy within the executive branch; proclamations announce emergencies, disasters, or ceremonial acts.
    • COVID-19 era saw a surge in EO and proclamation use to manage public health and economic reopening.
  • Economic development powers:
    • Direct control over economic development efforts; TEF, TexasOne, ETF initiatives.
    • Campaign finance and donors have historically influenced executive appointments and policy emphasis.

LO 9.2: Shared Power of the Executive and Legislative Branches

  • Governing depends on bargaining with lobbyists and legislative leaders; four major executive powers used in coordination with the legislature:
    • Message power: State of the State address and other messages influence the legislative agenda; timing and committee leadership matter.
    • Sign bills and concurrent resolutions; veto or allow bills to become law; after adjournment, vetoes can be issued within 20 days.
    • Veto power: General veto plus the line‑item veto; veto overrides require a rac{2}{3} majority in both chambers.
    • Call special sessions: Governor can summon sessions up to 30 days; agenda is limited to items specified in the call (with some exceptions).
  • Examples of agenda control and negotiation:
    • Perry’s long tenure and use of line‑item and postadjournment vetoes shaped policy.
    • Abbott’s use of special sessions and targeted vetoes to push his policy priorities (e.g., 2017 special session, 2019–2020 election and COVID-19 responses).
  • Shared power requires alliance with legislative leadership (Speaker of the House and Lt. Governor) and influential lobbying;
    • The governor’s success often hinges on public popularity, timing, and legislative committee support.

LO 9.3: Judicial Powers of the Governor

  • Formal judicial powers are limited but include:
    • Fill vacancies on state courts (district courts and above) caused by new courts or vacancies.
    • A limited, largely outdated role in removing judges and justices (rarely used).
    • Acts of executive clemency: pardons, paroles, reprieves, and commutations; most clemency decisions require recommendation by the Board of Pardons and Paroles.
  • Clemency details:
    • Full pardons restore all rights; conditional pardons may withhold certain rights; reprieves temporarily delay execution (a governor can grant one 30‑day reprieve in a death sentence case, or longer reprieve on the Board’s recommendation).
    • Commutation and remittance are possible with Board recommendations.
  • Historic and contemporary notes:
    • Governors’ judicial appointments have shaped Texas courts for decades; Perry and Abbott made numerous appointments to the Texas Supreme Court and Courts of Appeals.
    • Impeachment/removal of judges is rare; removal is typically through other processes or voters.

LO 9.4: Informal Powers of the Governor

  • Informal powers arise from popularity, tradition, symbolism, and media presence, not from law:
    • Head of state role: represents the state domestically and internationally; visible in speeches, ceremonies, and public appearances.
    • Persuasion and arm‑twisting: informal pressure on legislators; sometimes public lists of supporters or opponents is used.
    • Public communication: heavy use of speeches, newspaper columns, interviews; extensive use of social media to shape public opinion and rally support (Perry and Abbott used Facebook, Twitter, YouTube, Instagram, etc.).
    • Family involvement: first ladies and spouses influence policy discussions and public image (e.g., Laura Bush, Anita Perry, Cecilia Abbott).
    • Legal limits: informal power cannot override the law; actions like coercive pressure can raise legal concerns (e.g., Perry indictment discussions).
  • Examples and consequences:
    • Perry’s indictment for abuse of official capacity and related charges; outcomes varied by court rulings.
    • Abbott’s extensive use of social media to engage the public and strengthen political capital.

LO 9.5: Resources and Succession for the Governor

  • Compensation and benefits:
    • The governor’s salary: 153{,}750 per year (biennial budgeting for 2020-2021).
    • Additional security, travel funds, staff, and a Governor’s Mansion; security and travel costs are state funded.
    • Post‑tenure benefits and family involvement provide ongoing influence; some practices have been restricted (e.g., retirement benefits previously overlapping with campaign income).
  • Succession and vacancy rules:
    • If the governor dies, resigns, is removed, or cannot serve, the lieutenant governor acts as governor; if both are unavailable, the president pro tempore of the Senate acts; and if that official is unavailable, the Speaker of the House acts.
    • The line of succession proceeds through the president pro tempore and the Speaker, then attorney general and chief justices of the 14 Courts of Appeals in order.
    • Acting governor receives daily pay for each day served; the governor’s salary continues to be paid when out of state.
  • Other resources and constraints:
    • State law limits on compensation for civil service and investments; governors may not hold other offices or salaries, but may own property in blind trusts; governors’ spouses may influence policy and public perception.

LO 9.6: Gubernatorial Elections and Campaign Funds

  • Constitutional prerequisites for gubernatorial candidates:
    • Minimum age 30; U.S. citizenship; Texas residency for at least 5 years immediately preceding the election; acknowledgment of a Supreme Being is required by the Texas Bill of Rights.
  • Historical patterns:
    • Post‑Reconstruction era: Democrats dominated; late 20th century saw Republican gains (Clements, Bush) followed by Perry and Abbott.
    • Texas has no term limits for governors; incumbents can run for multiple terms (Perry’s 14 years as governor; Abbott re‑elected).
  • Money in campaigns:
    • Gubernatorial campaigns require large fundraising; winners typically raise and spend far more than opponents.
    • Donor influence: major donors often receive appointments to boards/commissions; Abbott’s 2020 Strike Force to Open Texas included many donors.
    • Campaign money serves for advertising, travel, consultants, and signaling support to legislators.
  • Money and governance:
    • Campaign fundraising can shape the governor’s political influence and policymaking power post‑election.

LO 9.7: Powers of Elected Department Heads and the Secretary of State

  • The plural executive structure:
    • Elected department heads include the Attorney General, Comptroller, Land Commissioner, and Agriculture Commissioner; their terms are four years.
    • The Secretary of State is appointed by the governor and confirmed by the Senate; serves at the pleasure of the governor.
    • The Governor also shares executive power with the Lieutenant Governor, Railroad Commissioners (3 members, elected), and the 15 elected State Board of Education (SBOE).
  • Key roles of the named offices:
    • Attorney General: chief legal officer; represents state in civil litigation; issues advisory opinions; can initiate quo warranto proceedings to challenge public office holders.
    • Comptroller of Public Accounts: chief accounting officer and tax collector; certifies revenue estimates; designates depositories; oversees budgeting and financial transparency.
    • Commissioner of the General Land Office: manages state lands and oil/gas leases; oversees Permanent School Fund; chairs related boards.
    • Commissioner of Agriculture: oversees regulation and promotion of agriculture; licenses, inspections, and pesticide regulation; governs agricultural services.
    • Secretary of State: chief elections officer; administers election laws; grants charters to corporations; processes extradition requests.

LO 9.8: The Role of the Bureaucracy in Governing Texas

  • The bureaucracy implements state laws and programs through boards, commissions, and departments; roughly 140 entities evaluated by the Sunset Advisory Commission every 12 years (some more frequently).
  • Sunset review process:
    • Purpose: determine if agencies are needed, consolidated, or abolished; agency outcomes influence legislative decisions.
    • Outcomes historically: about 0.83 retained, 0.07 abolished, 0.09 reorganized (in past Sunset cycles); sunset reviews saved about 1{,}000{,}000{,}000 since 1985.
  • Structure and fragmentation:
    • Texas intentionally fragmented executive power to avoid centralized control; boards and commissions oversee policy, while day‑to‑day operations are run by executive directors.
    • This fragmentation can hinder coordination and accountability, yet reduces overt political control by a single official.
  • Personnel and labor market:
    • State employment numbers are large (hundreds of thousands), with turnover and pay gap issues; merit systems exist but are not universal; agencies set many hiring/promotion policies within legislative constraints.
  • Key agencies and regulatory bodies include:
    • Health and Human Services Commission (HHSC) with an executive commissioner reporting to the governor; Texas Education Agency (TEA) and THECB; Public Utility Commission (PUC); Railroad Commission (RRC); Texas Parks and Wildlife Department; Texas Commission on Environmental Quality (TCEQ); Texas Department of Transportation (TxDOT); Texas Workforce Commission (TWC).
  • Sunset and long‑term planning:
    • Sunset process and zero‑based budgeting (SB 68, 2019) push agencies to justify budgets from zero and reassess programs.
  • Conclusion:
    • The Texas executive is constitutionally weak in formal power but gains effectiveness through informal powers, strategic governance of a large, fragmented bureaucracy, and coalition‑building with the legislature and external actors.

Key Terms (quick reference)

  • appointive power, rac{2}{3}, budgetary power, veto power, line‑item veto, postadjournment veto, recess appointment, impeachment, reprieve, commutation, pardon, parole, conditional pardon, sunrise/sunset review, plural executive, secretary of state, governor’s mansion, executive order, proclamation, Sunset Advisory Commission, sovereign immunity, civil service, merit system, Texas Enterprise Fund, Texas One, Emerging Technology Fund, The Texas Higher Education Coordinating Board, THECB, HHSC, TEA, SBOE, RRC, PUC, TCEQ, TxDOT, TWC