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GOVT 2302

GOVT 2302 . The Texas Executive Constitutional Design. In this set of slides we will walk through the Texas Constitution in order to get a general sense of the structure of the Texas executive branch, or at least what’s said about it in the document. .

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GOVT 2302

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  1. GOVT 2302 The Texas Executive Constitutional Design

  2. In this set of slides we will walk through the Texas Constitution in order to get a general sense of the structure of the Texas executive branch, or at least what’s said about it in the document.

  3. Texas’ plural executive is argued to have been a response to the perceived abuses the state suffered under reconstruction as well as the alleged corruption of the administration of E.J. Davis.

  4. The Texas governor’s office is generally considered to be one of the weaker ones in the country.

  5. Sec. 3.  RETURNS OF ELECTION; DECLARATION OF ELECTION; TIE VOTES; CONTESTS.Sec. 3a.  DEATH, DISABILITY, OR FAILURE TO QUALIFY OF PERSON RECEIVING HIGHEST VOTE.

  6. Sec. 4.  INSTALLATION OF GOVERNOR; TERM; ELIGIBILITY.

  7. The governor originally had a two year term and rapid turnover was common. This established the four year term. This has led to an increase in the governor’s powers.

  8. Sec. 5.  COMPENSATION OF GOVERNOR. The Governor shall, at stated times, receive as compensation for his services an annual salary in an amount to be fixed by the Legislature, and shall have the use and occupation of the Governor's Mansion, fixtures and furniture.

  9. Click here for the salaries of top executive officials in the state. Governor’s pay tend to vary widely across the nation.

  10. Sec. 6.  HOLDING OTHER OFFICES; PRACTICE OF PROFESSION; OTHER SALARY, REWARD, OR COMPENSATION.

  11. As opposed to members of the legislature, the governor can hold no other position – including private positions - apart from the office.

  12. Sec. 7.  COMMANDER-IN-CHIEF OF MILITARY FORCES; CALLING FORTH MILITIA.

  13. The governor appoints the Adjutant General (as of 2/17/11 - John F. Nichols), which heads the Texas Military Forces.TSHA: Adjutant General.

  14. The governor has limited police powers (most of these are held by city and county governments). He can appoint members of the Public Safety Commission which has authority over the Department of Public Safety.

  15. The governor also has the power – seldom used – to command the Texas Rangers.

  16. Sec. 8.  CONVENING LEGISLATURE ON EXTRAORDINARY OCCASIONS.

  17. If Texas happens to be under attack, he can convene the legislature in different places, he can also call special sessions to expedite the appointment of presidential electors.

  18. Sec. 9.  GOVERNOR'S MESSAGE AND RECOMMENDATIONS; ACCOUNTING FOR PUBLIC MONEY; ESTIMATES OF MONEY REQUIRED.

  19. The governor is mandated to give “state of the state” messages before each session of the legislature, and at the end of his term. An account of public moneys spent has to be provided to the legislature, and before each session begins, an estimate has to be provided of the amount of money needed to be raised in taxes in order to provide current services.

  20. This function is handled by the Texas Comptroller, who is mandated to present a revenue estimation prior to the beginning of each session of the Texas legislature. Click here for the process.Click here for the 2012-13 estimate.

  21. Sec. 10.  EXECUTION OF LAWS; CONDUCT OF BUSINESS WITH OTHER STATES AND UNITED STATES. He shall cause the laws to be faithfully executed and shall conduct, in person, or in such manner as shall be prescribed by law, all intercourse and business of the State with other States and with the United States.

  22. Sec. 11.  BOARD OF PARDONS AND PAROLES; PAROLE LAWS; REPRIEVES, COMMUTATIONS, AND PARDONS; REMISSION OF FINES AND FORFEITURES.

  23. As with the President, the Governor has the ability to check judicial power by granting pardons and paroles. Since it is expected that a greater number of prisoners will be held in state facilities, an institution exists to process requests for paroles and clemency.

  24. The Governor appoints people to the board subject to senate confirmation. Click here for a list of current board members.

  25. Click here for the Board of Pardons and Paroles’ website. For further information: TSHA.Topics: Texas Tribune.Self Evaluation.

  26. Sec. 11B.  CRIMINAL JUSTICE AGENCIES. The legislature has the authority to organize and establish criminal justice agencies.

  27. These tasks are handled by the Texas Department of Criminal Justice (Wikipedia).They run the prisons.

  28. Click here for the Criminal Justice Division of the Attorney General’s Office.

  29. Sec. 12.  VACANCIES IN STATE OR DISTRICT OFFICES.

  30. Sec. 13.  RESIDENCE OF GOVERNOR. During the session of the Legislature the Governor shall reside where its sessions are held, and at all other times at the seat of Government, except when by act of the Legislature, he may be required or authorized to reside elsewhere.

  31. Normally the governor lives in the Governor’s Mansion (which burned recently). So Governor Perry lives in rental property.

  32. Sec. 14.  APPROVAL OR DISAPPROVAL OF BILLS; RETURN AND RECONSIDERATION; FAILURE TO RETURN; DISAPPROVAL OF ITEMS OF APPROPRIATION.

  33. The Governor’s role in the bill making process is similar to the President’s, with some significant differences.

  34. The Governor has line item veto authority which allow for him to strike items from appropriations bills. He does not have this power over other bills.

  35. The Governor has 20 calendar days after the end of the legislative session to veto bills. Since the Legislature would not be in session, they cannot override these vetoes.

  36. Click here for a list of all vetoes by Texas governors.Governor Perry has been known to veto a large number of bills, including a record 83 in 2001.

  37. Sec. 15.  APPROVAL OR DISAPPROVAL OF ORDERS, RESOLUTIONS, OR VOTES.The veto power described in the previous section applies to resolutions as well.

  38. The next section details the powers of the Lieutenant Governor (Wikipedia).

  39. Sec. 16.  LIEUTENANT GOVERNOR. (a) There shall also be a Lieutenant Governor, who shall be chosen at every election for Governor by the same voters, in the same manner, continue in office for the same time, and possess the same qualifications. The voters shall distinguish for whom they vote as Governor and for whom as Lieutenant Governor.(b)  The Lieutenant Governor shall by virtue of his office be President of the Senate, and shall have, when in Committee of the Whole, a right to debate and vote on all questions; and when the Senate is equally divided to give the casting vote.

  40. Sec. 17.  DEATH, RESIGNATION, REFUSAL TO SERVE, REMOVAL, INABILITY TO SERVE, IMPEACHMENT, OR ABSENCE; COMPENSATION.The President Pro-Tempore of the Senate replaces the Lieutenant Governor.

  41. Sec. 18.  RESTRICTIONS AND INHIBITIONS.Restrictions on the power of the governor apply to other offices that may replace him.

  42. Sec. 19.  SEAL OF STATE. There shall be a Seal of the State which shall be kept by the Secretary of State, and used by him officially under the direction of the Governor. The Seal of the State shall be a star of five points encircled by olive and live oak branches, and the words "The State of Texas."

  43. From the Secretary of State’s office: “The state seal is required by law to be affixed to numerous documents, such as commissions for elected and appointed state and local officials, etc . . . Here is the state seal:

  44. Sec. 21.  SECRETARY OF STATE. There shall be a Secretary of State, who shall be appointed by the Governor, by and with the advice and consent of the Senate, and who shall continue in office during the term of service of the Governor.

  45. He shall authenticate the publication of the laws, and keep a fair register of all official acts and proceedings of the Governor, and shall, when required, lay the same and all papers, minutes and vouchers relative thereto, before the Legislature, or either House thereof, and shall perform such other duties as may be required of him by law. He shall receive for his services an annual salary in an amount to be fixed by the Legislature.

  46. Click here for the official website, and here for the Wikipedia page.

  47. Sec. 22.  ATTORNEY GENERAL. The Attorney General shall represent the State in all suits and pleas in the Supreme Court of the State in which the State may be a party, and shall especially inquire into the charter rights of all private corporations, and from time to time, in the name of the State, take such action in the courts as may be proper and necessary to prevent any private corporation from exercising any power or demanding or collecting any species of taxes, tolls, freight or wharfage not authorized by law.

  48. He shall, whenever sufficient cause exists, seek a judicial forfeiture of such charters, unless otherwise expressly directed by law, and give legal advice in writing to the Governor and other executive officers, when requested by them, and perform such other duties as may be required by law.

  49. Click here for the official website and here for the Wikipedia.

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