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Judicial Powers of the Governor

Succession

Executive Powers of the Governor

If the governor is dead, impeached, convicted, resigned, or out of state; the lieutenant governor will then take his or her place.

The governor has the following powers:

  • appoint judges to fill vacancies till next elections
  • limited clemency

The executive powers of the governor include:

  • appointment power
  • budgetary power
  • military power
  • police power

Military Power

Budgetary power

The governor has the power to create the executive budget.

  • The military power is over the state's National Guard units.

  • These units are lead by the adjutant general (appointed by the governor).

  • The governor can use the units to declare Martial Law for:

- riots

-natural disasters

To protect lives and properties.

Line of Succession (Ascending Order)

  • Executive Budget - The state budget prepared and submitted by the governor to the legislature, which indicates the governor's spending priorities. The executive budget is overshadowed by the legislative budget.

Clemency

Appointment power

Police Power

Appointed to office

  • Law enforcement and police power are local responsibility.
  • The governor has few responsibilities over this area.

The power of appointment enables the governor to exercise patronage. Which permits the governor to reward supporters with official appointments.

The DPS

The executive is limited by the Legislative Budget Board and its loyalty to the legislative budget.

The 3 members of the Department of Public Safety Commission is appointed by the governor and approved by the Senate.

Responsibilities:

  • Highway Patrol
  • Drivers Licensing
  • Motor Vehicle Inspection
  • Truck Weighing Stations
  • Texas Rangers
  • Legislative Budget - The state budget that is prepared by the Legislative Budget Board (LBB) and that is fully considered by the House and the Senate.
  • President pro tempore of the state of Texas Senate.
  • Speaker of the House
  • Attorney General
  • Chief Judges of the Texas Courts of Appeal.
  • Appointment - the power of the chief executive, whether the president of a state, to appoint persons to office.
  • Patronage - the resources available to higher officials, usually opportunities to make partisan appointments to offices and to confer grants, licenses, or special favors to supporters.

The power to issue pardons, grant paroles and issue reprieves.

Once judges are appointed to office they tend to remain in office.

  • The governor has the power has the executive power of appointment.

-Which is limited by the plural and executive and senatorial courtesy.

  • Senatorial Courtesy - the practice where by the president, before formally nominating a person for a federal judgeship, seeks the induction that senators from the candidate's own state support the nomination; in Texas, the practice whereby the governor seeks the indication that the candidate's home supports the nomination.

Commissioner of Agriculture

  • Primarily responsible for enforcing agricultural laws.
  • Department of agriculture checks weights and measures

Multimember Elected Boards

Multimember Appointed Boards

Checks

Secretary of State

Removal of a Governor

  • Railroad Commission of Texas
  • State Board of Education
  • Department checks each motor fuel pump to make sure it dispenses correct amount

  • Scales used by grocery stores and markets

Lieutenant Governor

Qualifications

A type of Multimembered appointed commission would be the Public Utilities Commission.

  • They can be impeached and convicted, but the Texas Constitution does not give much grounds for such actions.

Impeachment= The formal charge by the house of Representatives that leads to a trail in the senate and the possible removal of a state official.

Example: Jame Ferguson is the only governor to be impeached, convicted, and removed from office.

Texas Railroad Commission

The State Board of Education

  • Sets policy for public education
  • Policy enforced by Texas Education Agency
  • Affects entire nation because Texas has a large textbook market, so content of textbooks used in Texas sets the tone for textbooks in other states.
  • Are elected 6 year terms
  • Once a Power full entity that controlled the oil industry, and intrastate transportation
  • Most of its authority has been taken over by the Texas Department of Transportation
  • Appointed by the governor to serve 4 year term
  • Primary responsibility is administering elections
  • All debt and Uniform Commercial code fillings are placed with the secretary of state.
  • Must be at least 30 years of age
  • U.S. Citizen
  • Must have lived in the state for 5 years that precede the election.

Public Utilities Commission

They have set utility rates in Texas since 1975

For example:

  • Telephone
  • Electricity
  • Not a member of the senate but a presiding officer

  • Salary set by Texas Ethics commission (not the Texas Legislature)

  • Signs all bills and resolutions

Lieutenant Governor - the 2nd highest official in the state and president of the state Senate.

The Governor

The usual

  • most have been white
  • Protestant
  • Wealthy
  • conservative
  • middle- aged males
  • significant political experience.
  • do not tend to be Republican.

Chapter 8

The Texas Executive Branch

  • Texas governors do not have much power but have historically have big personalities.
  • Are the most highest paid officials and the most heard of governor in the nation.
  • Ranked next to last when it comes to executive powers.

Election and Term of Office

By: Victoria Davalos

Fernando Perez

THE PLURAL EXECUTIVE

BOARDS, COMMISSIONS AND REGULATORY AGENCIES

  • 1974, Governors term increased form 2 years to 4years.
  • Most only last 2 terms.

Governor Rick Perry

-Served since 2000

-Longest-serving Texas governor.

Campaigns

Gubernatorial Elections

  • There have only been 2 women in the governor's office.

-Miriam Ferguson being the 1st

-Ann Richards

  • William Clements 1st republican governor to be elected since Reconstruction.
  • George W. Bush became the 1st 2 term Republican governor since Reconstruction.
  • They usually last at least 10 months.
  • starting January of the election year and continuing until November election.

http://www.wwnorton.com/college/polisci/governingtexas/ch/08/quiz.aspx

  • Held off-year elections (when there is no presidential elections)
  • minimize the impact of presidential election on the governor's race
  • voter turn out usually very low.

Expenses

Dilutes the ability of the governor (gubernatorial power) to control state government but does not make him weak.

Texas citizens vote for six of the people that make up the plural executive, which are:

  • Governor
  • Lieutenant Governor
  • Attorney General
  • Land Commissioner
  • Commissioner of Agriculture
  • Comptroller
  • Commissioner of the General Land Office

The governor appoints the 7th person being the Secretary of State.

  • Candidates need enormous amount of wealth.
  • can cost over 10 millions of dollars.
  • Due to printing, broadcast advertising, travel, pooling, and mailings.
  • The state bureaucracy has about 200 state boards and commissions.

Agencies under control of the single executives who are part of the elected plural executives are:

  • Multimember Appointed Boards
  • Appointed Single Executives
  • Multimember Elected Boards
  • Sunset Advisory Committee

Bureaucracy - the complex structure of offices, tasks, rules, and principles of organization that are employed by all large scale institutions to coordinate the work of their personnel.

  • The heads of most boards and commissions are appointed by the governor and confirmed by the Senate.

  • Due to Governor Perry's extensive time in office, he has gleaned power from his unprecedented amount of bureaucratic appointments.

Appointed boards and commissions include:

  • Public Alcoholic Beverage Commission
  • Department of parks and wildlife
  • Texas Department of Corrections
  • Texas Youth Commission

Compensation

Staff

Commissioner of the General Land Office

Attorney General:

  • Governor has a staff of 250 individuals to carry out the duties of office.

The staff includes:

-Chief of staff

-general counsel

-press secretary

  • The governor is paid 150,000 annually.

  • Is given:

- the use of the official mansion.

-a limousine

-state owned aircraft

  • Land manager for most publicly owned lands in Texas

  • Awards grazing and oil and gas exploration rights on such lands.

Land Commissioner - elected state official who is the manager of most publicly owned lands.

  • Acts as presiding lawyer of Texas

  • Primarily concerned with civil cases

  • Manages legal activities surrounding a lawsuit against the state or by the state

Attorney General - elected state official who serves the state's chief civil lawyer.

Appointed Single Executives

Sunset Advisory Committee

Legislative Powers

The Department of Insurance is a form of a single appointment.

Comptroller of Texas

  • Created to review the effectiveness of state
  • Has all agencies justify their existence every 12 years to SAC. Upon SAC’s recommendation, legislature decides to give funding to those agencies.

The governor has the following powers:

  • Message Power
  • Veto Power
  • Special Sessions

Department of Insurance

Regulates the insurance market in Texas

  • A complex and important task

Veto Power

  • In charge of collecting state tax and non-tax revenue

  • Issues an evaluation and estimate of anticipated state revenues before each legislative session.

Comptroller - elected state official who directs the collection of taxes and other revenues.

Message Power

  • Texas governors can sign/veto legislation.
  • A post-adjournment veto is absolute because the legislature that vetoed bills no longer exists.
  • The Texas governor also possess the line-item veto.
  • Communication between the governor and legislation.
  • If the governor submits a executive budget they my address the legislature on the important items of the spending and the revenue.
  • Lobbying by governors is part of it. (ex. Governor Ann Richards lobbied for the expansion of higher educational opportunities in the Rio Grander Valley area. Then came the University of Texas in Brownsville).
  • Veto - the governor's power to turn down legislation; can be overridden by a two-thirds vote of both the House and Senate.
  • Post-Adjournment Veto - a veto of a bill that occurs after the legislature adjourns, thus preventing the legislature from overriding it.
  • Line-Item Veto - the power f the executive to veto specific provisions (lines) of an appropriations bill passed by the legislature.

Special Sessions

  • Special sessions allows legislature to focus attention on specific issues.
  • Between 1989 and 2011 there has been 19 special sessions.
  • Special Session - a legislative session called by the governor that addresses an agenda set by him/her and that lasts no longer than 30 days.
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