The Texas Government – State and Local

The Texas Government – State and Local Unit 8, Section Four Notes

The Texas Constitution The Texas Constitution is the basis of the state’s government and provides us with the basic laws of the state. The current Texas constitution was approved in 1876, after the end of Reconstruction, and is the fifth constitution that Texas has had a state. It is modeled after the U.S. Constitution, and it reflects sixprinciples of government found in the U.S. Constitution – popular sovereignty, limited government, separation of powers, checks and balances, federalism, and individual rights.

Popular Sovereignty Definition: All political power comes from the People. The Texas Constitution clearly states this principle and is often called the people’s document. The purpose of the constitution is to serve Texans and protect their rights.

Limited Government Definition: Principle of government in which power is limited by set laws, such as those in a constitution. It requires all U.S. citizens, including government leaders, to obey the law. For example, if elected officials break any laws, they may be impeached or arrested. Also, the state cannot take away a Texans’ right to free speech.

Separation of Powers Definition: Principle of government in which powers are divided among different government branches. This principle helps prevent any one branch from becoming too powerful. In Texas, just like the U.S., we have three branches of government: executive, judicial, and legislative. They each have separate powers that override one another, like rock, paper, scissors!

Checks and Balances Definition: Government arrangement by which each different branch has the power to check, or restrict, the power of the other branches. Under this system, each branch has a way to check, or limit the powers, of the other two branches. For example, the governor can veto a law, but the legislature can override the president’s veto. This is the principle that gives each branch the “rock, paper, scissors” power!

Federalism Definition: A system of government where power is shared or balanced among the central (or federal) government and the states. Federalism states that powers should be either divided or shared between the U.S. government, and the state governments, and those powers are listed in the Constitution. For example, only the U.S. government can coin money. Texas can’t just start making its own currency. Also, only state governments can establish public schools. Still, some powers are shared. For example, both the U.S. government and the Texas government can collect taxes.

Individual Rights Definition: A personal liberty and privilege guaranteed to U.S. citizens by the Bill of Rights. Individual rights is the principle that states that we all have rights, such as freedom of speech and freedom of religion. These rights are guaranteed in our Bill of Rights. Both the U.S. and Texas Constitutions have a Bill of Rights, and they both end by stating that the government can never take away these rights.

Republic A republic is a government in which voters elect officials to represent them. Just like the U.S., the Texas government is not only a democratic government, but a republic as well. Since we can’t all go to Washington to help make the laws of our nation, we have elections to choose the people who will make the best decisions for us and the nation. These officials are then responsible to the voters to make the right decisions. If not, they won’t be reelected!

U.S. v Texas Constitutions - Similarities • Both set up a government with three branches: executive, legislative, and judicial. • Both constitutions contain a bill of rights and preamble. • Both include information about the power to impeach government officials. • Both are based on the 6 principles of government. • Both establish a republican form of government. • Both create elaborate court systems.

U.S. v Texas Constitutions U.S. Constitution Texas Constitution 17 Articles in the Constitution Creates a State Government Any powers not given to the U.S. government must be given to the state governments 254 counties Gives the states the power to create public schools. • 7 Articles in the Constitution • Creates a Federal Government • The supreme power of the land is the U.S. Constitution • 50 states • The U.S. government cannot establish public schools.

U.S. v Texas Constitutions – Bill of Rights U.S. Constitution Texas Constitution The Texas Bill of Rights is the first article of the Texas Constitution. It contains 36 sections, with many being very similar to the U.S. Bill of Rights. • The first ten amendments of the Constitution are known as the Bill of Rights. In all, the Bill of Rights now contains 27 amendments.

U.S. v Texas Constitutions - Legislative U.S. Constitution Texas Constitution Senate has 31 members that serve 4 year terms. House of Representatives has 150 members that serve 2 year terms. • Senate has 100 members that serve 6 year terms. • House of Representatives has 435 members that serve 2 year terms.

U.S. v Texas Constitutions - Executive U.S. Constitution Texas Constitution Creates an executive branch with a governor that serves 4 year terms. There are no term limits for Texas governors. The lieutenant governor also serves 4 year terms. • Creates an executive branch with a president that serves 4 year terms, with a term limit of two consecutive terms. • The vice president also serves 4 year terms.

U.S. v Texas Constitutions - Judicial U.S. Constitution Texas Constitution Judges are elected by the people and serve various set terms. • Judges are appointed by the president, approved by Congress, and will serve for life or until they choose to retire.

The Texas Legislature The legislative branch makes the laws of the state. Our legislature is bicameral, meaning that it is made up of two houses: the House of Representatives and the Senate. Each representative and senator represents Texans in a particular district, and after each new census, the districts are re-drawn to ensure that all districts are roughly the same size.

Requirements of the Legislators To serve in the legislature, Texans must meet several requirements. You must be a resident of the district in which you are running for office for at least one year. Representatives must be 21 years old and have been Texas citizens for two years. Senators must be at least 26 years old and have been Texas citizens for 5 years. Legislators receive a salary of $7,200 a year, along with money to cover work-related expenses.

Legislative Duties and Powers Legislators serve the people in their district, and their main job is to make laws. Most often, the laws they pass have to do raising and spending public funds or taxes. The state must pass laws to borrow or spend money, and these laws are called appropriations bills. Though both houses must approve such bills for them to become law, laws that raise money must begin in the House of Representatives.

Legislative Duties and Powers Continued… • Legislators can propose Constitutional amendments, but all amendments must be approved by the people through a vote. • The Senate must approve all appointments, like when the governor appoints people to his cabinet. • The legislature has the power to impeach judges and executive officials. The House must approve the impeachment process, then the Senate will try the individual. If the individual is convicted of the crime, they can be removed from office.

Legislative Sessions The Texas Legislature does most of its work during periods of time called sessions. These sessions begin on the second Tuesday of January in odd numbered years, and regular sessions last up to 140 days. The governor can call special sessions of the legislature when necessary, which can last up to 30 days. When this happens, the governor specifies the topic of the session. For example, this summer the Texas legislature will probably have a special session to deal with the state budget and education crisis.

The Texas Executive The job of the executive branch is to enforce the laws of the legislature. It also manages and conducts the daily business of the state. The branch’s highest and most well-known official is the governor. The governor is elected in even numbered years that do not have presidential elections, like 2010! The Texas governor serves for 4 years, and there is no limit to the amount of terms a governor can serve.

Requirements and Benefits of the Texas Executive To run for governor, a person must be at least 30 years old and a U.S. citizen. The candidate must also live in Texas for at least 5 years before running for office. As of the year 2000, the governor makes $115,000 per year. The state also provides the governor with a house, staff, and money for job-related expenses.

The Powers and Duties of the Governor The governor’s powers involve the management of the state. He or she oversees the state agencies, boards, and commissions, and often appoints officials to run these organizations. In one term, a governor may appoint as many as 3,000 officials. Because of the overuse of power by Texas governors during Reconstruction, the Texas Constitution limits the powers of the Governor. Almost all appointments made must be confirmed by the Senate.

The Powers and Duties of the Governor Continued… • The governor serves as the state’s leader. • The governor represents Texas at state functions and throughout the rest of the United States. • The governor issues proclamations, such as declaring a site a disaster area after a flood, hurricane, fire, or tornado. • The governor submits a budget proposal to the state legislature. • The governor can speak to the legislature and urge them to take action on certain issues.

The Powers and Duties of the Governor Continued… • The governor makes suggestions during his “State of the State” address at the beginning of every legislative session. • The governor can call special sessions of the legislature for certain important issues. • The governor can veto bills that need to be signed by him to become law. The governor also has the power to line-item veto, meaning that he can delete certain lines or parts of a budget bills.

The Powers and Duties of the Governor Continued… • The governor appoints judges when vacancies occur. • The governor can pardon, or free, people who have been convicted of crimes. • The governor can grant a 30-day reprieve, or delay, to a person facing the death penalty. • The governor is the commander in chief of the state’s military, so he or she can order the National Guard to mobilize in times of crisis. They can also declare martial law, putting an area under military control.

The Lieutenant Governor The executive branch also includes other elected officials who are not under the governor’s control. The lieutenant governor is one of the most important executive officials. He or she serves a four year term and their main duty is to act as the leader of the Texas Senate and chair the Legislative Budget Board. The lieutenant governor also serves as acting governor when the governor is out of Texas.

Other Executive Officials and Agencies • Attorney General – gives legal advice and represents Texas in certain court cases. • State Comptroller – oversees the collection of taxes. • Commissioner of Agriculture – enforces agricultural laws and aids farmers. • Texas Railroad Commission – created in 1891, now regulates the railroad, oil, natural gas, and mining industries of Texas. • Department of Mental Health – provides services to Texans who are mentally ill or disabled.

The Texas Judiciary The Judicial Branch of the Texas Constitution makes up the court systems of the state. The courts decide legal cases by interpreting and applying the law. More than 2,500 judges hear cases in over 3,000 courts. Most judges are elected and serve either four or six year terms. All judges must be U.S. citizens and residents of Texas. Judges can be removed from office if they break the law. The legislature, the governor, or the Supreme Court of Texas can impeach a judge. The governor would fill the vacancy left by a judge until the next general election.

The Structure of Texas Courts The Texas courts hear millions of cases each year involving either civil or criminal law. Often, people that are accused of crimes will plea bargain, admit guilt, and decline a chance for trial in exchange for a lighter sentence. Cases that do go to court are heard by trial courts, which hear cases and give a ruling.

The Jury System There are two types of jury systems in Texas: grand jury and petit jury. The grand jury decides whether a person accused of a felony should be indicted, meaning formally charged with the crime. Of the 12 people on the grand jury, 9 must vote yes for the case to go to trial. The petit jury decides the verdict in a trial. All Texans have the right to a trial by jury in the Texas Bill of Rights. Still, many decline their right to a trial by jury and judges often rule on trials. To serve on a jury, you must be qualified to vote, be able to read and write English, and cannot have been convicted of a theft or felony.

The Bill of Rights Just like the U.S. Constitution, the Texas Constitution contains a Bill of Rights that protects the individual liberties of all Texans. Unlike the U.S. Constitution, the Texas Constitution places the Bill of Rights at the very beginning, emphasizing its importance. It states that all political power comes from the people, and recognizes that the U.S. Constitution is the only higher legal authority.

Bill of Rights – Section 3 and 3a This section of the Texas Bill of Rights states that all Texans have equal rights under the law and cannot be denied those rights based on gender, race, or national origin. Even if you are not American, you will still be guaranteed the same rights.

Bill of Rights – Section 4 - 7 These sections protect all Texans’ rights to worship freely. The government cannot support a religion or interfere with anyone’s decision to practice or not practice a religion. These sections also state that the government cannot have an official religion or favor any particular one.

Bill of Rights – Section 8 Section 8 of the Texas Bill of Rights protects our freedoms of speech and press. Without these freedoms, people would not be able to discuss important issues and stay well informed. We need to be able to get the correct information without the influence of the government, also. Still, these rights are not unlimited. Slander and libel are not protected. You may not intentionally say or print false things, especially if they threaten the safety of others.

Bill of Rights – Section 9 - 16 Everyone under the Texas Bill of Rights has a right to due process, meaning that the government is required to take certain legal actions before taking a person’s property or punishing someone for a crime. Sections 9 through 16 of the Bill of Rights deals with the rights a person has when accused of a crime.

Sections 9 – 16 Citizen’s criminal protections under the law: • All citizens are protected against unreasonable search or seizure. • All defendants are presumed innocent until proven guilty within a court of law. • The defendant has a right to know the charges brought against them and to see the evidence that will be presented in trial. • Those accused can question witnesses who testify against them. • All are given a trial by jury, if desired.

Sections 9 – 16 Citizen’s criminal protections under the law: • Convicted people are guaranteed not to receive a “cruel or unusual” punishment. • If the person is found to be innocent, they cannot be tried again for the same offense (but can be tried for the same crime.) • The government cannot pass a law punishing someone for conduct that was lawful when committed. • Most people are allowed to pay bail so that they do not have to stay in jail until the end of their trial, but bail can be denied for serious offenses.

Bill of Rights – Section 27 This section states that Texans have the right to assemble and petition the government. With our right to freely gather together, government officials cannot break up a meeting unless the people are disruptive or breaking the law. You can always petition, or make a request, of your government in order to encourage action on a topic.

Other Rights • The government has the right to eminent domain, meaning they can take your land and property for public use, but the owner must be paid for the value of that property. • A citizen cannot be banished or outlawed from the state. • Section 22 – defines treason and the rights of people accused of that charge • Section 23 – right to keep and bear arms • Section 29 – the government cannot change the Bill of Rights, and laws that contradict the Bill of Rights have no power.

Who is a citizen? Who is a citizen of the United States? • people born in the U.S. or in a U.S. territory • people born outside the U.S., but their parents are citizens of the U.S. • people born in foreign countries can become citizens by being naturalized • People wishing to become U.S. citizens must meet certain requirements, like tests of the person’s understanding of the English Language, U.S. History, and functions of democratic government. • They must then take an oath of allegiance to the U.S. Constitution

Rights and Responsibilities of Citizens • Citizens must know the laws so that they can obey them, though you can be punished for breaking a law even if you didn’t know it existed. • Being a good citizen includes speaking out about an issue if you fear that it is unfair and needs to be changed. • One important responsibility is public service. We must help our community as often as possible. • Paying taxes! • Serving on juries! • VOTING!!!! (It’s more than just casting the ballot. You must make an informed decision.)

Voting A voter must be 18 years old and a citizen of the United States. In Texas, you must also live in the state for at least 30 days before you can vote in an election. Before voting, you must register to vote. This is so that the state can check and make sure you meet all qualifications. You must fill out a simple form and send it into the county voter registrar, and within 30 days, you will receive your voter registration card. You can vote in person or by mail.

Political Parties One way to become involved in our democracy is to join a political party. Political parties organize so that they can nominate and elect government officials who agree with their platform, or stated goals. The two major political parties in Texas are the Democratic and Republican parties. Although there are other political parties, rarely do these other parties gain much power or affect state politics.

Disagreements The two main political parties often disagree on issues. For example, both parties agree that education is important, but they disagree on the best way to pay for schools. They also often disagree on issues involving the environment, the economy, and the role of government.

Primary Elections There are all types of elections that are held in Texas. Primary elections are held by political parties so that they can decide who will represent them in the later general elections. The candidates that receive more than 50 percent of the votes is the winner. If no one receives 50 percent, there will then be a runoff election. Primaries are held in March and runoffs are in April.

General Elections General elections decide who will win a local or state position. Sometimes, general elections also include votes on issues, such as constitutional amendments. All registered voters may participate in general elections, but only people registered to a particular party can participate in a primary election.

Special Elections Sometimes, a vacancy may occur in an office. For example, if someone dies or decides to resign, their seat must be filled using a special election. Special elections can also be held for constitutional amendments and local bond issues to be passed.

Direct Democracy Though most of our government is run as a republic, meaning that we elect people to represent us, we also have direct democracy in Texas. Often, voters can decide issue directly without going to their representatives. For example, voters can directly make an amendment of the constitution using a referendum. When we vote using a referendum, we can directly repeal a law, change a law, and recall elected officials (remove them from office).

County Governments The job of thousands of local governments throughout the state is to provide the people with services, such as police protection, safe roads, and water. Within Texas, there are 254 counties, each with their own government. Also, counties are divided into four precincts. Each county has a judge and each precinct has a county commissioner. This group, known as the commissioners’ court, must set the county tax rate, create a budget, and deal with local issues.

The Texas Government – State and Local