THE TEXAS GOVERNOR

1
THE TEXAS GOVERNOR
By Loren Miller
2
THE ROLE OF GOVERNOR

• Citizens expect the governor to play many roles
• Chief Legislator there is an expectation that a
  governor will have an agenda of legislation to
  recommend
• Party Chief there is an expectation that a
  governor will be the head of their political
  party
• Ceremonial Duties there is an expectation that
  a governor will attend many functions and
  represent the state
• Intergovernmental Coordinator there is an
  expectation that a governor will coordinate
  activities with other state government and with
  the national government
• Crisis Manager there is an expectation that a
  governor will provide strong leadership in times
  of natural or manmade disaster

3
LEGAL REQUIREMENTS

• at least 30 years of age
• a United States citizen
• a resident of Texas for at least five years
  preceding election

Compared to US
4
PRACTICAL REQUIREMENTS

• personal wealth and/or ability to raise large
  sums of money
• previous public service
• lawyers or business executives
• middle-aged
• protestant
• white
• male
• east of I-35

5
COMPENSATION OF GOVERNORS2012

1. Pennsylvania 183,255 50.
   Maine 70,000
2. New York 179,000 49.
   Arkansas 86,890
3. Illinois 177,412 48.
   Colorado 90,000
4. New Jersey 175,000 47.
   Oregon 93,600
5. Virginia 175,000 46.
   Arizona 95,000
6. California 173,987 45. South
   Dakota 98,031
7. Delaware 171,600 44.
   Kansas 99,636
8. Washington 166,891 43.
   Wyoming 105,000
9. Michigan 150,000 42.
   Nebraska 105,000
10. Kentucky 151,643 41. South
    Carolina 106,078

11. Texas 150,000
National Average 132,851
6
SUCCESSION TO OFFICE

• If the governor dies or leaves office for any
  reason, the Lieutenant Governor advances to the
  office of governor.
• In Texas, the Lieutenant Governor becomes acting
  governor whenever the governor leaves the state.
• When Governor Perry was running for president,
  the Lieutenant Governor became acting governor.

7
REMOVAL FROM OFFICE

• The Governor of Texas can be removed from office
  by impeachment
• The Texas House charges (impeaches)
• The Texas Senate determines the outcome
• Jim Ferguson (1915-1917) was impeached and
  convicted for misuse of state funds (actually
  because of his fight with the UT Board of
  Regents)
• Some states, but not Texas, allow the recall of
  governors

8
TENURE

• If the governor dies or leaves office for any
  reason, the Lieutenant Governor advances to the
  office of governor.
• In Texas, the Lieutenant Governor becomes acting
  governor whenever the governor leaves the state.
• When Governor Perry was running for president,
  the Lieutenant Governor became acting governor.

9
PLURAL EXECUTIVE
TEXAS VOTERS
ATTORNEY GENERAL
AG. COMMISSIONER
GOVERNOR
LT. GOVERNOR
STATE COMPTROLLER
LAND COMMISSIONER
RAILROAD COMMISSION (3 MEMBERS)
BOARD OF EDUCATION (15 MEMBERS)
10
RAILROAD COMMISSION

• Created in 1891 to regulate railroad monopolies
• The task of regulating the exploration , drilling
  and production of oil and gas was assigned to the
  railroad commission in the 1920s
• Regulation of the trucking industry was assigned
  to the railroad commission in the 1930s
• Since railroads and trucking are interstate, not
  intrastate commerce, the railroad commissions
  primary function is the oil and gas industry

11
RAILROAD COMMISSION
The Commission is the most powerful state
agency there is.
Phillip Robinson, lobbyist

• A conservation agency
• To prevent the waste of natural resources, the
  agency sets an allowable for each oil and gas
  well.
• Prorate oil production to conform to market
  demands
• Oil producing nations have adopted this format to
  keep oil prices at a profitable level
• Protect the rights of producers and royalty
  owners
• What type of people are likely to be elected to
  the railroad commission?

12
BOARD OF EDUCATIONSelect approved texts for
public schools

• History
• Succeeded in changing curriculum standards in
  2010.
• Downplay the role of Hispanics in Texas history
• Diminish Thomas Jeffersons standing because of
  his strong belief in the separation of church and
  state
• Ban the use of the word capitalism because it
  is often used in a negative context.
• Biology
• Creationism v. evolution

13
LIEUTENANT GOVERNOR

• The power of the Lieutenant Governor is not as an
  executive leader but as a legislative leader
• Presides over the Texas Senate
• One of the strongest in the nation
• http//www.laits.utexas.edu/txp_media/html/exec/fe
  atures/0902_01.html

14
ATTORNEY GENERAL

• The chief legal officer of the state
• Represents state agencies, boards and commissions
  in court
• Deals mostly with civil law
• Child support payments
• Collection of delinquent state taxes
• Opinions by the Attorney General
• Often a stepping stone to higher office

15
STATE COMPTROLLER

• The state comptroller is responsible for tax
  collection as well as revenue forecasting
• Texas can not deficit spend, so before the
  legislature meets the comptroller must provide
  legislators with the maximum amount of money that
  will be available for the next two years

16
LAND COMMISSIONER

• Responsibility is to administer state lands
• Includes 20 million acres of land (open beaches
  and submerged land 10.3 miles into the Gulf of
  Mexico
• Responsible for leasing state lands and
  generating funds from oil and gas production

17
AGRICULTURE COMMISSIONER

• Responsibility is to promote Texas agricultural
  products and protect the public from unsafe
  agricultural practices
• Pesticide regulation
• Pest management
• Inspection and certification of measuring devices
  (gasoline pumps)

18
APPOINTMENT POWERS
GOVERNOR
Secretary of State
Commissioner of Education
Adjutant General
Commissioner of Insurance
Commissioner of Health and Human Services
Director, Office of State-Federal Relations
Governing Boards and Commissions (200)
19
SECRETARY OF STATE

• Responsibility is primarily in the area of
  elections and the keeper of state records
• Voter registration
• Preparation of election information
• Supervision of elections

20
COMMISSIONER FOR HEALTH AND HUMAN SERVICES

• Created in 1991 to coordinate a number of health
  related programs
• Aging
• Alcohol and drug abuse
• The blind, deaf and hard of hearing
• Early childhood intervention
• Juvenile probation
• Mental health and retardation

21
STATE-FEDERAL RELATIONS

• This office coordinates relations between state
  and federal officials
• Becomes an advocate for the state in dealing with
  federal agencies

22
ADJUTANT GENERAL

• This office is specified in the Texas
  Constitution and is responsible for directing the
  state military force

23
BOARDS AND COMMISSIONS

• There are over 300 boards and commissions and the
  governor appoints over 2,800 members
• Boards and commissions have multiples of 3 (3, 6,
  9, 12 . . . .) and the governor nominates 1/3 of
  the members every two years
• The nominees must be confirmed by the Texas
  Senate (2/3s vote)
• Role of Senatorial Courtesy
• The members serve a six year term

24
TYPES OF BOARDS
Social Services Juvenile Justice Board Health
and Human Services Criminal Justice
Board Workforce Commission
25
TYPES OF BOARDS
Higher Education University Boards of
Regents Higher Education Coordinating Board
26
TYPES OF BOARDS
Natural Resources Water Development
Board Transportation Commission Parks and
Wildlife Commission Commission on Environmental
Quality
27
TYPES OF BOARDS
Licensing Boards Board of
Barber Examiners Cosmetology Commission Polygrap
h Examiners Board Doctors, Dentists,
Podiatrists, Nurses, Realtors, Insurance,
Funeral Directors
28
TYPES OF BOARDS
Regulatory Boards Public
Utilities Commission Alcoholic Beverage
Commission Racing Commission Finance
Commission, State regulatory agencies make
rules which are legally binding regulations
29
Its a time honored tradition in Texas politics
that if you expect one of the plum appointed
positions, you should expect to be a hefty
contributor.
John Hildreth, Common Cause
30
Some of Governor Perrys appointees . . . Paul
Foster 389,000 UT Larry Anders 383,000 Texas
Tech James Dannenbaum 297,000 UT
Steve Hicks 290,000 UT Philip
Adams 285,000 Texas AM
2010
31
Regent Appointee Contributions to Governor
Perry, 2001-2010
Amount Board of Appointees Who Donated Average Contributed
1,589,000 U. of Texas 16 81 99,300
1,360,000 Texas AM 14 86 97,100
1,160,000 Texas Tech 16 94 72,300
903,000 U. of Houston 15 87 60,200
504,000 U. of North Texas 16 44 31,500
243,300 Texas Southern 19 37 12,900
32
LEGISLATIVE POWERS

• Power to declare legislation an emergency
  measure
• The Veto
• Post-adjournment Veto
• In 2001, Governor Perry vetoed a record 82 bills
  after the session ended
• Item Veto
• Special Sessions
• 30 days
• establish the agenda

33
(No Transcript)
34
JUDICIAL POWERS

• Pardons and Paroles

Governor
Governor
Board of Pardon Paroles
Prisoner
Prisoner
35
JUDICIAL POWERS

• In capital punishment, the governor may grant a
  30-day stay of execution without the
  recommendation of the Board of Pardons and
  Paroles
• Upon recommendation of the Board of Pardons and
  Paroles, the governor may grant a
• Reprieve the postponement of punishment
• Commutation the reduction of punishment
• Pardon exemption from punishment

36
JUDICIAL POWERS

• Fill Judicial Vacancies
• Many state judges (over 40) received their
  initial position by gubernatorial appointment

37
Judges Appointed by the Governor 2010
Appointed Percentage
Supreme Court 5 56
Ct of Criminal Appeals 1 11
Courts of Appeals 44 56
District Courts 168 38

38
In Texas, gubernatorial leadership is plagued by
three conflicting truths. The voters expect it.
The Constitution limits it. And lawmakers, while
sometimes carping about the lack of it, often
resent it.
Ken Herman, journalist
39
The governors office is what you make of it.
Bill Clements, former Governor of Texas
40
People say the Texas Governor is a weak
position. Only a weak person makes it a weak
position.
George W. Bush, former Governor of Texas
41
Why does anyone want to be governor of Texas?
The governorship is like the super-super gift in
the Neiman-Marcus Christmas catalogsomething for
the man who has everything and absolutely unique!
Anonymous political scientist
42
STRONG GOVERNORS

• Four-year term of office no limit on
  reelection
• Leader of political party state has strong party
  system
• Call special elections/appoint replacements
• Appoint judges, commissions, and boards
• Govern with cabinet style leadership
• Develop budget for all executive agencies
• Call special sessions and set agenda
• Veto bills return bills to legislature for
  changes
• Veto line items in appropriations bills
• Reduce appropriations

43
GUBERNATORIAL POWERS
Strong
Massachusetts 4.3 New York 4.1 Maryland 4.1
Alaska 4.1
New Jersey 4.1 West Virginia
4.1
Moderately Strong
Utah 4.0 Iowa 3.8 Connecticut 3.6 Missouri
3.6 North Dakota 3.9 Tennessee 3.8 Florida
3.6 Minnesota 3.6 Colorado 3.9 Nebraska
3.8 Ohio 3.6 Washington 3.6 Pennsylvania
3.8 New Mexico 3.7 Michigan 3.6 Illinois 3.8
Maine 3.6 Arkansas 3.6
Moderate
Delaware 3.5 Arizona 3.4 Virginia 3.2 South
Dakota3.0 Wisconsin 3.5 Hawaii 3.4 Georgia
3.2 Nevada 3.0 Overall Average 3.5 Kentucky
3.3 Texas 3.2 Montana 3.5 Kansas
3.3 California 3.2 Oregon 3.5 Idaho
3.3 Wyoming 3.1 Louisiana 3.4 New Hampshire
3.2 South Carolina 3.0
Weak
North Carolina 2.9 Mississippi 2.9 Oklahoma
2.8 Vermont 2.5 Indiana 2.9 Alabama 2.8
Rhode Island 2.6
2008
44
GUBANATORIAL POWERS
45
SUMMARY OF POWERS

• Executive Powers
• One of the weakest in the United States
• Legislative Powers
• Very strong
• Judicial Powers
• Fairly weak