Executive Branch The Plural Executive

1. Executive Branch The Plural Executive Attorney General Greg Abbott Elected 2002/6 Phil Wilson – Perry Appointee

2. The Executive Branch • Topical Scenario • Elected State Officials • Appointed State Officials • Bureaucracy Organization • Controlling the Bureaucracy • Bureaucracy and Change • Bureaucracy and Democracy

3. Topical Scenario – Page 155 • Deregulating College Tuition • 2003 - $10,000,000 Budget Deficit • Tuition rates set by legislature • Schools lobby legislature for change • Law passes allowing schools to set rates • Goals – • Increase graduation rates • Efficient use of facilities • Financial assistance (grants, work study, loans) • Spring of 2004 • 20% increase in tuition • 40% increase in federal loans for education

4. Tuition Growth • University of Texas 15 Hour Semester • 2002 $2472 • 2009 $4686 • Current Year • UT $8060 • A&M $7326 • TT $7083 • TSU $6518

5. Implement legislative policy (detail rules) Power and organization dictated by legislature Three organizational patterns Headed by single person Headed by part-time unpaid commission Headed by full-time commission Electorate only has limited influence List of Texas Bureaucratic Agencies - 157 The Bureaucracy - Government Agencies

6. Plural Executive versus Cabinet Executive • 1836 -1876 – Governor had cabinet style executive • 1876 Constitution created Plural Executive • 1931 reorganization committee recommends cabinet style executive • Proposal killed in legislature • Texas is one of only a few states with a plural executive

7. Attorney General – Greg Abbott Chief state lawyer, 4 year term Stepping stone to governor’s office Litigation area Represents agencies as defender or plaintiff Almost entirely civil rather than criminal Issues include: anti-trust, consumer-protection, consumer safety, environment statutes, health issues. Elected State Officials

8. Comptroller - Tax collector Susan Combs – lawyer and politician Forecasts revenues available for budget Large, expert staff Absorbed the state treasurer’s responsibilities in 1996 Elected State Officials

9. Elected State Officials • Land Commissioner - manages all state owned lands • Jerry Patterson – senator, bureaucrat and businessman • Controls state land leases • Manages oil/gas revenues generated by state land leases for schools and universities • Runs Veterans Land Program • Environmental protections issues • Recently water and natural gas promotion efforts

10. Elected State Officials • Agricultural Commissioner • Susan Combs - Lawyer and rancher • Created by legislative action • Promotes and regulates agricultural products • Oversees pest-control regulations, egg/seed labeling, monitors weights and measures, water supply issues

11. Elected State Officials • Railroad Commission -1891 • Three members in 6 years staggered terms • Initially designed to regulate railroads • Federal government now performs that function • Regulates oil and gas industry and mining • Michael Williams is first African American to win state wide office with 80% of the vote in 2000

12. Oil not Railroads • From RR regulation to oil & gas issues • Wells and pipeline safety and spills • Land versus mineral rights owner conflict • 1999 - Garza proposes new clean up standards with Williams support. • Matthews opposes - gains industry support • Williams switches allegiances • Proposal is dropped

13. Elected State Officials • State Board of Education • Originally elected supervisor with advisory board • Became statewide elected board of 23 • Reduced to 15 in the 1980’s • Governor given power to appoint the commissioner in the 90’s • Controls investing of state education fund • Legislature removed textbook authority

14. SBOE Today • State Board of Education • Mixture of appointed and elected officials • Currently 15 members plus Commissioner and Chair • Religious conservative influence • Sex Ed, Phonics, Vouchers, Textbook selection • Teachers have organized opposition • Legislature has limited power

15. Appointed State Officials • 15 Heads of Agencies • 11 Regulatory Commissions • 150 Various Boards and Commissions • Can only be removed with 2/3 vote of Senate

16. Secretary of State • Keeper of state records • Responsible for election data and filing • Responsible for supervision of elections • Certifies election results

17. Public Utility Commission • Three members in six years staggered terms • Responsible for regulation of utility and telecommunication industries • Overseeing energy deregulation between 2002 and 2004 • Rules on cost bases, monitors abuse in power market, reviews and supervises power grid procedures

18. Texas Commission on Environmental Quality • Three commissioners in six year staggered terms • Environmental policy regulation • Quasi-judicial role • Settles disputes arising between environmental and home owner groups and business

19. Insurance Commission • Originally 3 member board • Regulates and oversees the insurance industry • Monitors health of industry (assets available) • Regulates rates • Regulates HMOs

20. Public Counsels • Public advocates for selected government agencies • Public insurance counsel • Public utilities counsel • Examine rate hikes and other agency specific issues • Argue for public rights and lower rates

21. Commissioner of Health and Human Services • Use to Oversees 13 different agencies • More coordinating than controlling position • Constitutional amendment was rejected in 1999 to extend tenure and give commissioner more power. • Reorganized by legislature in 2003

22. Boards and Commissions • Vary in size from 3 to 9 • Most have six years staggered terms • PUC, TCEQ, Railroad Commission, Board of Pardons and Parole, and Workforce Commission are only full-time paid groups

23. Staff Size and Pay • Full Time Equivalent Workers in 2004 – 268,172 • Total Workforce 2007 – • 343,950 • 186,100 – Higher education • Pay Range • $16,176 • $203,935 - $904,000 • $3,000,000

25. Bureaucracy Statistics

26. Bureaucracy Statistics

27. Bureaucracy Statistics

28. Bureaucracy Statistics

29. Organizing and Reorganizing • As administrations and legislatures and the times change the bureaucracy must change as well. • Drastic changes are usually opposed by bureaucracy and legislature. • Reorganization usually takes place gradually and piecemeal. • Ann Richards and John Sharp tried to form a cabinet style executive and consolidate agencies.

30. Controlling the Bureaucracy • Legislative oversight is critical part of system checks and balances. • Sunset Process • Agencies have 12 year life span unless extended by legislature • Sunset Advisory Commission made up of legislators • Since 1979 230 agencies have been continued, 61 have been abolished or absorbed by another.

31. Bureaucracy and Change • Evolution of Agencies • From industry controller and watchdog • To captured agency controlled by industry • Sympathetic industry commissioners appointed • Clientele relationship develops • “Revolving Door” employment develops • Iron triangle controls amount and speed of change.

32. Bureaucracy and Democracy • Not elected equals undemocratic • Administration Procedures Act attempts to force open public deliberation • Iron triangle model suggests agencies only going through motions of openness • Actual deliberations are closed • Some agencies do encourage a pluralistic approach to democracy but many are not