Test 3 on Modules 7-10 GOVT 2306

Lecture Notes for Module 8

The governor of Texas must be 30 years of age, a resident of the state, and an American citizen.

Except for Greg Abbott, who is Catholic, all governors have been Anglo-Saxon white Protestants; two

have been women. Most have names that are easy to pronounce.

The governor serves a four-year term, but, unlike the president, he or she is not term limited. Governor

Perry served from 2001 through 2015, giving him the opportunity to fill every appointive position in the

state. The governor may be impeached and removed from office. Governor Jim Ferguson was

impeached and removed.

The formal, official powers of the governor of Texas are relatively weak compared with those of the

president and those of the governors of most other states.

Legislative Power of the Governor

The governor can call special sessions, make proposals to the legislature, and veto legislation. For

appropriation bills, the governor enjoys the line-item veto. This means that the governor can veto parts

of the appropriation bill while signing the rest into law. The president does not have the item veto.

Budgetary Power of the Governor

The governor, like the president, sends a budget to the legislative branch. In the national government,

the president’s budget is the point of departure for the congressional debate over the budget. In Texas,

however, the legislature ignores the governor’s budget, using instead the budget developed by the

Legislative Budget Board (LBB), which is controlled by the speaker and lieutenant governor.

Appointment Powers of the Governor

The governor appoints a number of officials, but they require a two-thirds Senate vote of approval. In

contrast, the president’s appointees are confirmed by majority vote. Both the president and the

governor are limited by senatorial courtesy. In Texas, senatorial courtesy gives a state senator the

power to block an appointment of someone from his or her own district.

Judicial Power of the Governor

Whereas the president appoints all federal judges, the governor is limited to filling vacancies because

state judges in Texas are elected. Unlike the president, the governor has no independent power to

pardon or grant reprieves and commutations. Except for a 30-day reprieve in death penalty cases, the

governor can act only on the recommendation of the Board of Pardons and Paroles.

Administrative Power of the Governor

This is the governor’s weakest area. It’s not clear whether the governor even has the power to issue

executive orders, a power which the president clearly has. Furthermore, the governor is severely

restrained by the plural executive. The governor even effectively lacks removal authority for many of

the officials that he or she appoints. As a result, many major policy areas (agriculture, oil and gas,

financial, education, and land management) are outside the governor’s control.

A resourceful governor can have a significant impact on state policy, especially if he or she is able to

establish an alliance with the speaker and lieutenant governor. Governor George W. Bush is widely

regarded as an effective governor of Texas because he worked closely with Speaker Pete Laney and Lt.

Governor Bob Bullock, both Democrats. He identified a small number of policy goals and, with the

cooperation of the legislature, saw them enacted. In contrast, Governor Rick Perry had a poor

relationship with the legislature and, consequently, was relatively ineffective. In fact, the legislature

shot down some of his major initiatives, including HPV vaccinations for school girls.

Perry gained influence in the legislature during his later years in office. Because of his long tenure, he

was able to fill every appointive position in the state. That allowed him to place a personal stamp on

many policy areas. The governor also became an important negative force, using his power of veto and

support from Tea Party elements in the legislature to enforce his demand for a smaller state

government. When the legislature faced a significant budget shortfall in 2011, the governor successfully

enforced his demand that the budget be balanced without new revenue and without dipping into the

Rainy Day Fund.

Administration in Texas

Administrative power in Texas is fragmented among numerous bureaus, agencies, commissions,

and boards.

Elected Executives

The lieutenant governor becomes governor if that office becomes vacant, but the most

important role of the lieutenant governor is in the Texas Senate.

The attorney general is the state’s lawyer. The attorney general gives legal advice to state and

local officials and agencies in the form of opinions. The attorney general is responsible for

collecting child support. An attorney general’s opinion is a written interpretation of existing

law. The attorney general issues opinions in response to a written request from certain state

officials who are authorized by law to ask for an opinion. Finally, the office of attorney general

has historically been a stepping stone for ambitious politicians interested in running for governor.

The comptroller is the state's chief tax administrator and accountant. He or she is also the

state’s banker. The Texas Constitution requires the comptroller to estimate state revenues for the

next biennium at the beginning of each legislative session.

The commissioner of agriculture administers all statutes relating to agriculture and enforces the

state's weights and measures law. The agency inspects and regulates a variety of items,

including seeds, gasoline pumps, meat market scales, flower and plant nurseries, and the use of

pesticides. The commissioner of agriculture also administers the federal school lunch program.

The land commissioner is responsible for managing land owned by the state, leasing it for

mineral exploration and production and for agricultural purposes. The land commissioner also

enforces the state’s Open Beaches Act.

Appointed Executives

The governor appoints relatively few executive officials. The most important is the Texas

Secretary of State, who is the state's chief election officer, responsible for the uniform

application, implementation, and interpretation of election laws.

Elected Commissions and Boards

The Texas Railroad Commission was originally established to enforce state laws concerning

railroads. Today, the Railroad Commission regulates the Texas oil and gas industry, gas utilities,

pipeline safety, the surface mining of coal, and safety in the liquefied petroleum gas industry.

Ironically, it no longer regulates the railroads. It has three members elected for six-year

staggered terms. The Railroad Commission sets an allowable for each oil well in the state. Each

month the Railroad Commission establishes a percentage of the allowable that can be produced.

This procedure was once used to control supply and thus price, but for years the commission has

set the allowable at 100 percent.

State Board of Education (SBOE)

The State Board of Education (SBOE) coordinates education activities and services below the

college level. A 15-member elected board heads the agency. Each member of the board runs for

election from a district to serve a four-year term. The SBOE oversees the investment of the

money in the Permanent School Fund to generate income for the Available School Fund. It sets

standards for teacher certification and school accreditation. The SBOE also approves curricula

and selects textbooks for use in the state’s public schools.

Appointed Commissions

Appointed commissions comprise a substantial part of the executive branch of state government.

An unpaid board of 3, 6, 9, or 18 members heads most of the commissions (which may also be

called departments, boards, councils, or authorities). The governor appoints board members with

two-thirds Senate approval to serve fixed, overlapping terms of six years. Boards meet

periodically to set policy. An executive director, who is either appointed by the governor or

hired by the board, depending on the agency, manages the professional staff, which does the day-

to-day work of the agency.

These agencies include administrative departments, which are responsible for implementing

policy and carrying out basic state functions. The Texas Department of Criminal Justice, for

example, operates the state prison system. The Texas Department of Parks and Wildlife

manages the state parks system.

Appointed boards of regents oversee each of the state’s public colleges and university systems.

University boards consist of nine members appointed by the governor with Senate concurrence

to serve overlapping six-year terms. University regents are considered prestige appointments,

eagerly sought by well-to-do alumni and often awarded to the governor's major financial backers

during the last election campaign.

A number of boards and commissions are responsible for licensing and regulating various

professions. Some of these include the Department of Licensing and Regulation, Advisory

Board of Athletic Trainers, Board of Chiropractic Examiners, Polygraph Examiners Board, and

Funeral Service Commission.

Other state agencies regulate various areas of business and industry. The Public Utility

Commission (PUC) regulates telephone and electric utilities. The Texas Department of Insurance

(TDI) licenses and regulates insurance companies. The Finance Commission regulates banks

and savings and loan institutions. The Texas Alcoholic Beverage Commission regulates the

manufacture, transportation, and sale of alcoholic beverages in the state. The Texas Racing

Commission oversees horse and dog racing. These agencies make rules.

Administrative Oversight

State agencies mostly run themselves with relatively little oversight from the legislature or the

governor. Agencies headed by elected executives or commissions are almost immune from

legislative or gubernatorial control.

In theory, the legislature has ultimate authority over most administrative agencies. It can

restructure or eliminate a state agency if it chooses or adopt legislation directing an agency to

take or refrain from taking particular actions. In practice, however, the legislature sometimes

struggles to exert control because of its brief, infrequent sessions. Sunset review is the periodic

evaluation of state agencies by the legislature to determine whether they should be reauthorized.

The key feature of sunset review is the following: If the legislature fails to act, an agency is

forced to shut down and close its doors.

The legal/constitutional powers of the governor of Texas for influencing administrative

policymaking are relatively weak. Although the line-item veto (and the threat of its use) can be

an effective weapon at times, the governor's powers over administration are otherwise limited.

Governor Perry enjoyed more influence that most governors because his long tenure in office

enabled him to appoint every official subject to gubernatorial appointment. He also had the

experience to understand how the bureaucracy operates.

Study Questions:

1. Are the backgrounds of Texas governors as diverse as the backgrounds of American presidents? In what ways are they more diverse? In what ways are they less diverse?

2. How does the term of office of the governor compare with that of the president? 3. Is the impeachment process in Texas the same as the impeachment process for the U.S.

president? 4. How do the legislative powers of the president compare and contrast with those of the

president? 5. What is the line-item veto? Is it a strength or a weakness of the governor compared with the

president? 6. Does the governor’s proposed budget drive the debate in the legislature over the budget similar

to the role played by the president’s proposed budget? 7. How do the appointive powers of the governor compare and contrast with those of the

president? 8. Does the governor enjoy the same power to appoint judges that the president enjoys? Explain.

9. What is the plural executive? How does it affect the power of the governor to manage the executive branch of state government?

10. Why do political observers generally regard George W. Bush as an effective governor in dealing with the legislature?

11. How did Perry’s long tenure in office affect his ability to control state government?

12. Who becomes governor if the office becomes vacant? 13. What does the Texas attorney general do? 14. What are attorney general’s opinions? 15. What does the comptroller do? What role does he play in developing the state budget? 16. What does the commissioner of agriculture do? 17. What does the land commissioner do? 18. How does the Texas secretary of state get his or her job? 19. What does the Texas secretary of state do? 20. What important industries does the Railroad Commission regulate? 21. How many Railroad Commission members are there and how do they get their jobs? 22. What does the State Board of Education (SBOE) do? Is it responsible for the day-to-day

management of public schools?

23. How do members of the SBOE get their jobs? 24. What is the structure of the appointed boards that manage much of state government? 25. Can you give at least one example of an administrative board, a university board, a

licensing board, and a regulatory board?

26. What power does the legislature have to oversee agencies? Why is it difficult for the legislature to closely oversee state administration?

27. What is sunset review? What happens to the agency if the legislature fails to renew an agency up for review?

28. What power does the governor have for overseeing state agencies?