Governor
          Texas Government Chapter 23

 

 

Objectives

•         -historical background

•         -why the governor has weak powers

•         -qualifications

•         -powers & responsibilities

•         -plural executive

•         -elected & appointed executives

 

Historical background

•         ΰ in 1691, Texas was a colony under Mexico and the king of

Spain appointed the then governor of the state.

•         ΰ1824, Mexico won independent from Spain and Texas became a state

under Mexico (Coahuila ye Texas) 

•         ΰ1836, Texas gained its independent from Mexico to be come the

Lone Star Republic (a country)

•         ΰ1845, the U.S. annexed Texas as a state

 

 

Texas as a state under the U.S.

•         ΰ1845, The governor has broad powers to appoint most

•             state executive officials and also to select state judges

 

Jacksonian Democracy

•         ΰ1850, Jacksonian Democracy movement swept

     through the state.

•         Jacksonian Democracy movement was the belief that the way to expand democracy

     is by electing state public officials & not by governor’s appointment.

•         supporters of Jacksonian Democracy succeeded in amending the state Constitution

     of 1845 and took appointive powers away from the governor.

 

 

the amendment provided for:

•         = election of state judges & other state officials

•         = limited the numbers of executives the governor can appt.

•         = introduced Plural Executive ΰ which is the division of

        executive (governor’s) powers among several other elected officials

•         = introduced Long Ballot ΰ to enable the election of a long list

        of public officials created through plural executive.

 

secession

•         1861, Texas seceded from the union with other southern states.

 

Reconstruction

•         1866, TX. and other Southern states, under Reconstruction have to return back to

     the union and the conditions stipulated by Radical Republicans in the

     U.S. Congress for re-admission back into the Union are:

•         = ratify the 13th Amendment (abolish slavery)

•         = ratify the 14th Amendment (grant citizenship to blacks)

•         = ratify the 15th Amendment (grant blacks the right to vote)

•         = Write a new state constitution and elect a new governor

 

Post Reconstruction Governor Republican (E.J. Davis)

•         1869, the Reconstruction Constitution, revamped the state  governor’s      

     broad powers again similar to 1845 e.g. so that

     the governor can appoint public officials again.

 

E.J. Davis used this broad powers to:

•         borrow money to jump start the state economy that was destroyed

     during the civil war & Texans hated spending deficit

•         register new state voters & Texans did not like this either

•         appoint many state officials.

•         introduced legislative annual sessions

•         increased the legislators salary

•         introduced compulsory public education and

          mandated the state to supervise it

•         TX. by now is one political party (Conservative Democrats),

          and hated Republican party because R-party helped E.J Davis

          get elected with Black vote.

•         Texans also hated 1869 Constitution as an imposition on Texans by the Yankees.

•         as a reaction to these perceived excesses of E.J. Davis, the current constitution

     signed in 1876 will make sure the future governor will be stripped of power.

 

 

Weakening the Gubernatorial powers with the

current Constitution of (1876)

•         Since 1876, the office is plural executive again

•         Up until 1972, the governor could not fire his/her appointees

     but now can and still subject to 2/3rd Senate vote.

•         The governor can not still remove the appointees of his predecessor

•         Secretary of state is the highest ranking state official the governor can appoint.

•         2/3rd Senate vote to confirm governor’s appointees as

opposed to president majority vote.

•         reduced term of office to 2 years then, though now 4 yrs.

•         from 1965 to present

•         term of office has increased to 4 years

•         constitutional Amendment and legislative actions have added

          new features to the executive branch.

•         = the governor’s salary is higher now

•         = the long ballot remains

•         = budgetary authority still remains weak.

 

 

Formal & informal qualifications

•         must be American citizen

•         a resident of TX. for 5 years preceding election

•         30 years of age

•         4 years term of office & no term limit

•         can be removed via impeachment

•         only James Ferguson has ever been removed from office because of controversy

     over trying to remove five University of Texas faculty members.

 

 

 

Growth in governor’s role in policy-making

•         even though the state constitution limits the formal powers, the

          governor’s influence is shaped by:

      = the governor’s personality  

      = political adroitness

      = staff appointments               

     = ability to defend and sell agenda if his political party controls the state legislature

 

policy-making authority has grown because:

•         = Fed. Grant programs required participation by the governor’s office

•         = media have focused public attention on the Gov.’s office.

 

 

powers & responsibilities of the governor

1. Legislative Powers

•         are the governor’s strongest constitutional powers.

•         enable the governor’s policy wishes to be communicated to the legislature during the

     state-of-the-state message at the beginning of the legislative sessions.

 

some of the legislative powers include:

•         emergency measures power that can force the legislature

          to consider the governor’s measures.

•         veto power although can be overridden by 2/3rd of both chambers

but it is difficult to override the Governor’s veto because:

          (a) most vetoes occur after the legislature has adjoined.

          (b) 2/3rd vote of each chamber is difficult to come by.

•         Governor has line-item-veto for influencing appropriations.

•         governor has power to call special sessions to last 30 days

& can be extended if there is need for it.

 

 

1) Appointive powers

•         are extensive

•         the governor is empowered to staff administrative boards and

     commissions that set policies for state agencies such as:

          = PUC                               = State Insurance Board  

          = Racing Commissions   = Dept. of Public Safety

•         power to fill vacancies in elective positions should they occur between elections.

 

limitations on appointive powers

•         appointees must be confirmed by 2/3rd Senate vote

•         most administrative board members serve 6 years overlapping terms longer

than the Gov.’s term & may outlast an elected governor and an incoming

governor can not easily remove a predecessor's appointees.

•         governor has little power of removal of state agency heads.

•         as of 1980, can remove his/her own appointees but not those of his predecessor &

     still subject to Senate 2/3rd approval vote.

•         appointees must pass political inspection by the home area

     senator (Senatorial Courtesy) ΰ which allows a senator to

     block the confirmation of a gubernatorial appointee who lives in the senator’s district.

 

 

(3) Judicial Powers

•         The governor’s most important judicial power is to fill vacancies in

     (district & appeals courts) until next elections because state judges are elected.

•         Pardon, commutation & reprieves are weak because unless the state board of

     Pardons & Paroles that the governor appoints grant recommendations,

the governor can not grant:

     = reprieves = postponement of sentence

     = commutation = reduce a sentence

     = pardon = revocation of a sentence

•         in capital cases involving (death penalty), the governor can only grant single 30days

     reprieve independently without recommendation by the board.

 

 

 

(4) Budgetary powers

•         The governor may submit budget proposals to the state legislature but the

     Legislative Budget Board’s proposals carry more weight & LBB

is headed by Lt. governor.

•         But governor has line-item-veto power (most powerful budgetary power)

to influence appropriations.

•         line-item-veto = allows the governor to reject some portions of appropriated

bill without rejecting all of the appropriation.

•         The governor has also been granted limited Budget Execution Authority =

     this allows the governor to transfer money between state agencies when

the legislature is not in session.

•         = an agency’s appropriation cut can not be more than 10% or increased more than 5%

•         LBB which is chaired by Lt. Gov. must accept or reject this fund transfer proposal

before the governor can transfer the fund.

 

 

(5) Law Enforcement Powers

•         the governor is commander in chief of TX. Rangers and

     TX. National Guards.

 

(6) Administrative Powers

•         are very weak because of plural executive and because the governor

     has little power of removal of most state agency heads because they are elected.

 

 

Size of the plural executive

•         Currently there are 7 elected plural executives in the state.

•         Two of them, Attorney General and Railroad Commission are

constitutionally established.

•         The remaining 5 have been created by the legislature

          and the governor over the years through legislative processes.

 

 

The current seven elected Texas plural executives include:

(1) Lt. Governor

•         succeeds the governor

•         helps determine the order  of business in the Senate

•         debates issues in the Senate but only votes to break a tie vote

•         most powerful state public official

 

(2) Attorney General

•         responsibilities are to act as state lawyer.

•         gives legal advice to state, local officials & agencies in the form

          of opinions which are not binding on the courts.

•         initiates lawsuits against delinquents on child support.

•         is a civil lawyer and therefore does not prosecute criminals.

 

(3) Comptroller of Public Accounts

•         state chief accounting officer and tax administrator

•         audits spending by state agencies

•         estimates state revenues for the up-coming two-year budget cycle to certify

     that the appropriation bills falls within revenue estimates

(to prevent deficit spending).

•          collect overdue taxes from retail merchants for the state.

 

(4) Commissioner of Agriculture

•         administers & executes all agriculture laws.

•         inspects & regulates gasoline pumps, seeds,

meat market scales and flower nurseries.

•         enforces the state weights & measures.

 

 

(5) Commissioner of the General Land Office

•         manages the state 20.3 million of acres of public land and mineral-rights.

•         the public land is either leased out for mineral exploration

& or for agricultural purposes.

•         Revenues raised from the land is never spent & are constitutionally set aside.

•         The principal revenues are treated as endowments and are

invested in interest yielding accounts.

•         one part of the endowment is called Permanent University Fund (PUF).

•         interest from the PUF is used to finance UT, TX, A&M

•         and the other part is called Permanent School Fund (PSF) and, interest from the

     PSF is used to finance public schools in the state.

•         the commissioner also manages Veterans Land Programs.

 

 

(6) Railroad Commissioner

·        The state agency main function is the regulation of oil & gas exploration.

•         The commissioner’s regulatory policies fall into four broad categories:

     1) conservation of oil and gas,

     2) pro-ration to keep oil prices stable,

     3) protection of oil & gas producers,

     4) safeguarding the public from oil & gas pollution.

•         the state agency regulates oil & gas exploration such as:

     = drilling, pipeline transmission, storage

     = pro-ration, allowable, well spacing & production quotas,ΰ

          (by establishing monthly barrels of oil an oil well could pump     

          per day for that month to keep market prices stable).

•         regulates railroads, commercial vehicles, hazardous waste shipments,

and environmental protection.

 

 

(7) State Board of Education

•         jointly responsible with local ISD for public schools

•         coordinates educational activities & services below the college level

•         approves purchases of public schools' textbooks and instructional materials.

 

 

Appointed Executives & Boards Commissions

                             Appointed Executives

Secretary of state

•         chief election officer.

•         interpret election laws.

•         highest ranking official appointed by the governor.

 

Appointed Boards Commissions

          ΰ these are the TX. Bureaucracy.

     ΰTX. bureaucracy is highly fragmented.

     ΰ over 950,000 people are employed by the state.

     ΰ these are the agencies that run the state because the state

          legislature only meets once every 2 years for 140 days.

•         Examples are:

•         University Board of Regents

•         Occupational Licensing Boards

•         Public Utility Commission (PUC)

•         Most of these positions are unsalaried.

 

 

Growing state bureaucracy

•         the state bureaucracy is growing rapidly because of rapid population growth rate and

     this creates demand for public services: (education, prison, healthcare)

•         even though bureaucracy has grown, the state still ranks low in per capita expenditure (#44).

 

 

Strategies for controlling state bureaucracy

•         power of the governor is weak ΰplural executives

•         legislature has greater influence through:

          = sunset review process but this takes place every 12 years not very effective

•         the whistle-blower system was therefore set up to protect and encourage state employees

     to report wrongdoing within their agencies to their supervisors.

•         but this has been watered down since the George Green case.

 

 

                   K. Ituah