Chapter 24

The Governor and Bureaucracy in Texas

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American Government2006 Edition(to accompany Comprehensive, Alternate, Texas, and Essentials Editions)

O’Connor and Sabato

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The Executive in Texas Texas has a plural executive

An executive branch in which power and policy implementation are divided among several executive agencies rather than centralized under one person

The governor does not get to appoint most agency heads

Not assured control of state government so they must build strong outside support

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Roots of the Executive

Spanish kings designated the first Spain, Mexican Constitutional Governors created as well as an executive council

Early American governors appointed by the Crown Relatively weak

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From President of the Lone Star Republic to Governor of Texas

Republic of Texas Executive consisted of a president who

governed with a cabinet

State of Texas Entered U.S. with relatively strong

executive Constitutional changes weakened the

executive

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Texas Governors

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Terms of Office Length and Number of Terms

Four year term with no term limits Salary

2004 Governor’s salary was $115,345 Impeachment

Executive positions are subject to impeachment by the legislative branch

Jim Ferguson Succession

The constitutional declaration that the lieutenant governor succeeds to the governorship if there is a vacancy

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The Constitutional Roles of the Governor

Chief of state Governor in his/her role as the official head

representing the state of Texas in its relationship with the national government, other states, and foreign dignitaries

Chief executive officer Governor as top official of the executive branch

of Texas state government Commander in chief

Governor in his or her role as head of the state militia

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The Constitutional Roles of the Governor Chief Budget Officer

The governor, who is charged with preparing the state budget proposal for the legislature State Board of Control Legislative Budget Board

Clemency The governor’s authority to reduce the length of a

person’s prison sentence Governor’s Message

Message that the governor declares to the legislature, pronouncing policy goals, budget priorities, and authorization for the legislature to act

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Development of Gubernatorial Power

Characteristics Restrictions

Primarily utilized in 18th and 19th Governor Edmund J. Davis

Comparison with other State Governors Texas does not have cabinet system selected and

responsible for the governor unlike many other states.

Compared to other states, Texas’ governor is weak. But legislature and voters have increased the

governor’s power in the 20th century.

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Powers of the Texas Governor Compared to Other Governors

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Governor’s Power to Appoint Executive Officials

Governor appoints more agency heads today than ever before.

Texas gubernatorial appointment requires consent of the Texas Senate in a vote of at least two-thirds of those present. Senatorial courtesy: governor defers to the state

senator in whose district the nominee resides.

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State Agency Heads Appointed by the Governor

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Power of Staff and Budget Broad responsibilities of staff

Develop governor’s budget proposal Develop policy recommendations Public relations, liaison work Working with citizens and lobbyists Duties may change

Budget varies Depends on what the legislature appropriates given

what functions the legislature and the governor choose to place under the office

May exceed $100 million a year Usually $10 million of that is for the narrower

Governor’s office. Rest is discretionary funds and suboffices

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The Governor as Policy Maker and Political Leader

Political leadership of governor flows from Governor’s skills Previous experience Similarity in party, philosophy, and ideology

with other decision makers

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The Governor as Policy Maker and Political Leader Public-Opinion Leadership

Public relations Relationship with the Legislature

Must develop a good working relationship with key legislators Must use the powers of the governorship to assist the

legislative process, and sometimes, thwart it State of the state message and budget message Emergency proclamations Veto and the line-item veto Calling special sessions Set agenda for special sessions Direct appeals to voters Breakfasts with legislators Entertainment Individual meetings with legislative members Endorsements of speakers political risky

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The Plural Executive in Texas Attorney General

Elected official who is the chief counsel for the state of Texas

Comptroller of Public Accounts Elected official who is the state’s tax

collector Land Commissioner

Elected official responsible for managing and leasing the state’s property

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The Plural Executive in Texas Agricultural Commissioner

Elected official in charge of regulating and promoting agriculture

Railroad Commission Full-time, three-member paid commission elected by

the people to regulate oil and gas and some transportation entities

State Board of Education Fifteen-member elected body that sets some

education policy for the state and has limited authority to oversee the Texas Agency and school districts

Texas Education Agency The state agency that oversees local school districts

and disburses state funds to districts

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Modern Texas Bureaucracy Administrative Procedures Act

A statute containing Texas’s rule-making process Requires agency officials to seek written public

comments, and sometimes hold public hearings before adopting rules and regulations

Secretary of State State official appointed by the governor to be

the keeper of the state’s records (ex. State laws, election data and filings)

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Modern Texas Bureaucracy

Public Utility Commission Full-time, three member paid commission

appointed by the governor to regulate public utilities in Texas.

Quasi judicial role Receive petitions from companies or

individuals, hearing evidence in a hearing, similar to a judicial proceeding, and ruling on the petition.

Texas Commission on Environmental Quality Full-time, three member paid commission

appointed by governor to administer the state’s environmental programs.

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Modern Texas Bureaucracy

Insurance Commissioner Official appointed by the governor to

direct the Department of Insurance and regulate the insurance industry

Health and Human Services Commissioner Appointed by the governor to oversee

the state’s multi-agency health and human service programs

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Modern Texas Bureaucracy

Public Counsels Officials appointed by the governor to represent

the public before regulatory agencies Captured agencies

Boards and Commissions Govern agencies Example: Ten boards of trustees of Texas’s

colleges and universities run thirty-seven general academic institutions, nine medical schools and nine major services

Make policy Are generally appointed by governor with Senate

confirmation

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Top 15 State Agencies

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Making Agencies Accountable

The Sunset Process Sunset law: A law that sets a date for a

program or regulation to expire unless reauthorized by the legislature

Staff Size and Pay Staff has grown; pay varies Full-time equivalent (FTE)

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Making Agencies Accountable Regulating the Revolving Door

Revolving door: an exchange of personnel between private interests and public regulators

Regulating the Relationship between Agencies and Private Interests Power to interpret legislative intent makes

executive agencies policy powerhouses Agency capture Iron triangles