GOVT 2302

GOVT 2302

The Texas ExecutiveConstitutional 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.

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.

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

Sec. 3. RETURNS OF ELECTION; DECLARATION OF ELECTION; TIE

VOTES; CONTESTS.

Sec. 3a. DEATH, DISABILITY, OR FAILURE TO QUALIFY OF PERSON

RECEIVING HIGHEST VOTE.

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

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.

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.

Click here for the salaries of top executive officials in the state.

Governor’s pay tend to vary widely across the nation.

Sec. 6. HOLDING OTHER OFFICES; PRACTICE OF PROFESSION; OTHER

SALARY, REWARD, OR COMPENSATION.

As opposed to members of the legislature, the governor can hold

no other position – including private positions - apart from the

office.

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

MILITIA.

The governor appoints the Adjutant General (as of 2/17/11 - John F. Nichols), which heads the

Texas Military Forces.

TSHA: Adjutant General.

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.

The governor also has the power – seldom used – to command the

Texas Rangers.

Sec. 8. CONVENING LEGISLATURE ON EXTRAORDINARY OCCASIONS.

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.

Sec. 9. GOVERNOR'S MESSAGE AND RECOMMENDATIONS;

ACCOUNTING FOR PUBLIC MONEY; ESTIMATES OF MONEY REQUIRED.

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.

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.

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.

Sec. 11. BOARD OF PARDONS AND PAROLES; PAROLE LAWS;

REPRIEVES, COMMUTATIONS, AND PARDONS; REMISSION OF FINES

AND FORFEITURES.

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.

The Governor appoints people to the board subject to senate

confirmation. Click here for a list of current board members.

Click here for the Board of Pardons and Paroles’ website. For further

information:

TSHA.Topics: Texas Tribune.

Self Evaluation.

Sec. 11B. CRIMINAL JUSTICE AGENCIES.

The legislature has the authority to organize and establish criminal

justice agencies.

These tasks are handled by the Texas Department of Criminal

Justice (Wikipedia).

They run the prisons.

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

Office.

Sec. 12. VACANCIES IN STATE OR DISTRICT OFFICES.

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.

Normally the governor lives in the Governor’s Mansion (which

burned recently). So Governor Perry lives in rental property.

Sec. 14. APPROVAL OR DISAPPROVAL OF BILLS; RETURN

AND RECONSIDERATION; FAILURE TO RETURN; DISAPPROVAL OF

ITEMS OF APPROPRIATION.

The Governor’s role in the bill making process is similar to the

President’s, with some significant differences.

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.

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.

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.

Sec. 15. APPROVAL OR DISAPPROVAL OF ORDERS, RESOLUTIONS, OR VOTES.

The veto power described in the previous section applies to

resolutions as well.

The next section details the powers of the Lieutenant Governor

(Wikipedia).

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.

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.

Sec. 18. RESTRICTIONS AND INHIBITIONS.

Restrictions on the power of the governor apply to other offices

that may replace him.

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."

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:

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.

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.

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

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.

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.

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

Sec. 23. COMPTROLLER OF PUBLIC ACCOUNTS; COMMISSIONER OF GENERAL LAND OFFICE; ELECTED

STATUTORY STATE OFFICERS; TERM; SALARY; FEES, COSTS AND

PERQUISITES.

The Comptroller of Public Accounts, the Commissioner of the General Land Office, the

Attorney General, and any statutory State officer who is elected by the electorate of Texas

at large, unless a term of office is otherwise specifically provided in this Constitution, shall

each hold office for the term of four years. Each shall receive an annual salary in an amount to

be fixed by the Legislature; reside at the Capital of the State during his continuance in office, and perform such duties as are or may be required

by law.

They and the Secretary of State shall not receive to their own use any fees, costs or perquisites of

office. All fees that may be payable by law for any service

performed by any officer specified in this section or in his office, shall be paid, when received, into the

State Treasury.

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

Sec. 24. ACCOUNTS AND REPORTS; INFORMATION TO, AND

INSPECTION BY, GOVERNOR; PERJURY.

Sec. 25. CUSTODIANS OF PUBLIC FUNDS; BREACHES OF TRUST AND

DUTY.

Sec. 26. NOTARIES PUBLIC. (a) The Secretary of State shall appoint a convenient number of

Notaries Public for the state who shall perform such duties as now are or may be prescribed by law. The qualifications of Notaries Public shall be prescribed by law. (b) The terms of office of Notaries Public shall be not less than two years nor more than four years as provided by law. (Amended Nov. 5, 1940; Subsec. (b) amended

Nov. 6, 1979.)