Chapter 24 The Governor and Bureaucracy in Texas

Chapter 24 The Governor and Bureaucracy in Texas American Government 2006 Edition (to accompany Comprehensive, Alternate, Texas, and Essentials Editions) O’Connor and Sabato Pearson Education, Inc. © 2006

The Executive in Texas o Texas has a plural executive n An executive branch in which power and policy implementation are divided among several executive agencies rather than centralized under one person n The governor does not get to appoint most agency heads n Not assured control of state government so they must build strong outside support Pearson Education, Inc. © 2006

Roots of the Executive o Spanish kings designated the first Spain, Mexican Constitutional Governors created as well as an executive council o Early American governors appointed by the Crown n Relatively weak Pearson Education, Inc. © 2006

From President of the Lone Star Republic to Governor of Texas o Republic of Texas n Executive consisted of a president who governed with a cabinet o State of Texas n Entered U. S. with relatively strong executive n Constitutional changes weakened the executive Pearson Education, Inc. © 2006

Texas Governors Pearson Education, Inc. © 2006

Terms of Office o Length and Number of Terms n Four year term with no term limits o Salary n 2004 Governor’s salary was $115, 345 o Impeachment n Executive positions are subject to impeachment by the legislative branch n Jim Ferguson o Succession n The constitutional declaration that the lieutenant governor succeeds to the governorship if there is a vacancy Pearson Education, Inc. © 2006

The Constitutional Roles of the Governor o Chief of state n 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 o Chief executive officer n Governor as top official of the executive branch of Texas state government o Commander in chief n Governor in his or her role as head of the state militia Pearson Education, Inc. © 2006

The Constitutional Roles of the Governor o Chief Budget Officer n The governor, who is charged with preparing the state budget proposal for the legislature o State Board of Control o Legislative Budget Board o Clemency n The governor’s authority to reduce the length of a person’s prison sentence o Governor’s Message n Message that the governor declares to the legislature, pronouncing policy goals, budget priorities, and authorization for the legislature to act Pearson Education, Inc. © 2006

Development of Gubernatorial Power o Characteristics n Restrictions o Primarily utilized in 18 th and 19 th o Governor Edmund J. Davis n Comparison with other State Governors o Texas does not have cabinet system selected and responsible for the governor unlike many other states. o Compared to other states, Texas’ governor is weak. o But legislature and voters have increased the governor’s power in the 20 th century. Pearson Education, Inc. © 2006

Powers of the Texas Governor Compared to Other Governors Pearson Education, Inc. © 2006

Governor’s Power to Appoint Executive Officials o Governor appoints more agency heads today than ever before. o Texas gubernatorial appointment requires consent of the Texas Senate in a vote of at least two-thirds of those present. n Senatorial courtesy: governor defers to the state senator in whose district the nominee resides. Pearson Education, Inc. © 2006

State Agency Heads Appointed by the Governor Pearson Education, Inc. © 2006

Power of Staff and Budget o Broad responsibilities of staff n Develop governor’s budget proposal n Develop policy recommendations n Public relations, liaison work n Working with citizens and lobbyists n Duties may change o Budget varies n Depends on what the legislature appropriates given what functions the legislature and the governor choose to place under the office n May exceed $100 million a year o Usually $10 million of that is for the narrower Governor’s office. o Rest is discretionary funds and suboffices Pearson Education, Inc. © 2006

The Governor as Policy Maker and Political Leader n Political leadership of governor flows from o Governor’s skills o Previous experience o Similarity in party, philosophy, and ideology with other decision makers Pearson Education, Inc. © 2006

The Governor as Policy Maker and Political Leader o o Public-Opinion Leadership n Public relations n n 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 o State of the state message and budget message o Emergency proclamations o Veto and the line-item veto o Calling special sessions o Set agenda for special sessions o Direct appeals to voters o Breakfasts with legislators o Entertainment o Individual meetings with legislative members o Endorsements of speakers political risky Relationship with the Legislature Pearson Education, Inc. © 2006

The Plural Executive in Texas o Attorney General n Elected official who is the chief counsel for the state of Texas o Comptroller of Public Accounts n Elected official who is the state’s tax collector o Land Commissioner n Elected official responsible for managing and leasing the state’s property Pearson Education, Inc. © 2006

The Plural Executive in Texas o Agricultural Commissioner n Elected official in charge of regulating and promoting agriculture o Railroad Commission n Full-time, three-member paid commission elected by the people to regulate oil and gas and some transportation entities o State Board of Education n Fifteen-member elected body that sets some education policy for the state and has limited authority to oversee the Texas Agency and school districts n Texas Education Agency o The state agency that oversees local school districts and disburses state funds to districts Pearson Education, Inc. © 2006

Modern Texas Bureaucracy o Administrative Procedures Act n A statute containing Texas’s rule-making process n Requires agency officials to seek written public comments, and sometimes hold public hearings before adopting rules and regulations o Secretary of State n State official appointed by the governor to be the keeper of the state’s records (ex. State laws, election data and filings) Pearson Education, Inc. © 2006

Modern Texas Bureaucracy o Public Utility Commission n Full-time, three member paid commission appointed by the governor to regulate public utilities in Texas. n Quasi judicial role o Receive petitions from companies or individuals, hearing evidence in a hearing, similar to a judicial proceeding, and ruling on the petition. o Texas Commission on Environmental Quality n Full-time, three member paid commission appointed by governor to administer the state’s environmental programs. Pearson Education, Inc. © 2006

Modern Texas Bureaucracy o Insurance Commissioner n Official appointed by the governor to direct the Department of Insurance and regulate the insurance industry o Health and Human Services Commissioner n Appointed by the governor to oversee the state’s multi-agency health and human service programs Pearson Education, Inc. © 2006

Modern Texas Bureaucracy o Public Counsels n Officials appointed by the governor to represent the public before regulatory agencies n Captured agencies o Boards and Commissions n Govern agencies n Example: Ten boards of trustees of Texas’s colleges and universities run thirty-seven general academic institutions, nine medical schools and nine major services n Make policy n Are generally appointed by governor with Senate confirmation Pearson Education, Inc. © 2006

Top 15 State Agencies Pearson Education, Inc. © 2006

Making Agencies Accountable o The Sunset Process n Sunset law: A law that sets a date for a program or regulation to expire unless reauthorized by the legislature o Staff Size and Pay n Staff has grown; pay varies n Full-time equivalent (FTE) Pearson Education, Inc. © 2006

Making Agencies Accountable o Regulating the Revolving Door n Revolving door: an exchange of personnel between private interests and public regulators o Regulating the Relationship between Agencies and Private Interests n Power to interpret legislative intent makes executive agencies policy powerhouses o Agency capture o Iron triangles Pearson Education, Inc. © 2006