POLS 2312 Chap 7

2014-Governor's office consisted of offices that performed the following functions

1. helping the gov with appts, budget making, financial services, legal advice, human resources, the gov's scheduling and homeland security. 2. promoting the interests of developing the Tx workforce, including opportunities for women and the disabled. 3. Helping the gov in relationships with the media and communication w/ citizens 4. Reducing crime and reporting statistics on crime. 5. Promoting economic growth, tourism, the film industry and the music industry 6. Promoting physical fitness 7. Giving advice about the state's health care system

3 general methods for removing state officeholders

1. impeachment, which involves formal accusation-the impeachment- by a House majority and requires 2/3 vote for conviction by the senate. 2. Address, a procedure whereby the legislature requests the gov to remove a district or appellate judge from office-2/3 vote of both houses required. 3. Quo warranto proceedings, a legal procedure whereby an official my be removed by the court.

Compensation

1954 amendment allows the legislature to determine the salary of the gov and other elected executives. $12,000 in 1954, $150,000 in 2009. highest pd officials are NOT the gov, but instead head football coaches at state universities. lt. gov is pd as legislator-$7,200 a yr plus per diem, but receives salary supplementation for acting as gov when gov leaves the state. gov also gets fringe benefits-official gov's mansion, travel budget, car, use of state owned aircraft, bodyguards, and professional staff.

Term of office

1974-gov term extended from 2 to 4 yrs. no limits on # of terms a gov may serve in TX.

Roles of GOV

5 formal roles-prescribed by the constitution and supplementing statutes: chief executive, chief legislator, commander in chief/top cop, chief of state and chief intergovernmental diplomat. 2 informal roles-derived from TX political setting: chief of party and leader of the people. personality of gov and political and economic circumstances during gov's administration determine which roles are emphasized. Leadership style is crucial b/c gov often has to depend on persuasive skills to offset limitations of the office. Democratic theory dictates that the elected executive be accountable for the executive branch. gov relies heavily on informal means to gain expected control over state bureaucracy and achieve his/her policy agenda. Limited removal power. can remove appointed political officials with consent of senate after 1980 constitutional amendment. can also remove personal staff members and a few executive directors such as in the Dept of Housing and Community Affairs. Can't remove members of boards and commissions he didn't appoint and can't remove elected state executives.

Executive Branch

Gov plus 5 other elected executives, 2 elected boards, and a complex system of powerful policymaking boards and commissions.

Rick Perry

Republican. conservative mainstream of TX political beliefs. served as member of Tx House, as agriculture commissioner and as lt. gov before becoming gov in late 2000. represented rural west TX rather than an urban area. reelection in 2010 by defeating popular US senator Kay Bailey Hutchison and Tea Party candidate Debra Medina for the republican nomination and easily beating Democratic nominee Bill White in general election. 2013 State of the State address, he championed his conservative principles, concluding that the success of TX came b/c "we remained dedicated to those principles, holding the line on taxes, spending w/in our means, and making the touch decisions separating wants from needs." consistently earned his conservative credentials in the legislative sessions, pushing business interests, emphasizing tax cuts over solutions to the knotty school finance problem and enduring criticism from fellow republicans for letting his industry ties dominate public policy. major speeches often addressed concern for poor people, but his legislative agenda tended to address the desires of business. used veto power in 2001 after session was over to kill 82 bills-some of vital concern to his own party. 2003, let congressional redistricting dominate his thinking and expressed more concern about not raising taxes than about resolving prob of school finance. 2005-plan to solve school financing probs was rejected by legislature. 2006-special session finally produced school finance bill. 2010-reelected to 3rd 4 yr term. 2013 sessions-filibuster of restrictive abortion bill by Senator Wendy Davis, passed and signed by Perry. With his long tenure in office, he has appointed all the members of all state boards.

WASP, middle aged male

Tx hasn't had a non-anglo gov since it became independent of mexico and spain. only 2 roman catholics-Fraces Farenthold in 1972 Democratic primary and Tony Sanchez in 2002. Jewish-Kinky Friedman in 2006 race. Religious preferences in TX confined to mainstream protestant churches like Methodist and Baptist. Gov usually gets to office after 50th bday. 31 gov since 1876, only 2-Ann Richards and Miriam A Ferguson were female.

plural executive

a system of organizing the executive branch that includes the direct election of multiple executives, thereby weakening the chief executive. related concepts include disintegration and fragmentation

Formal qualifications

article 4 of the constitution stipulates that the gov must be at least 30 yrs old, be a US citizen and have been a TX resident for the 5 yrs immediately preceding the election. same for lt. gov. also states gov "shall be installed on the first Tuesday after the organization of the legislature, or as soon thereafter as practicable". Article 3 gives the legislature the responsibility for settling any disputes that might arise concerning the gov.

Comptroller John Sharp

during Richard's administration, at her request to allow more rational appropriations act for fiscal yrs 1992-1993, developed an elaborate system for monitoring performance of state agencies. Texas Performance Review (TPR) requires state agencies to engage in strategic planning. 2003-Perry and legislative leaders removed this function from office of Comptroller Carole Keeton Strayhorn and moved it into legislative staff agencies.

formal roles

duties that the governor performs that stem from the Texas Constitution, including chief executive, chief legislator, commander in chief/top cop, chief of state and chief intergovernmental diplomat

informal roles

duties that the governor performs that stem from the culture and traditions of Tx, including chief of party and leader of the people

Bill Clements (1979-1983, 1987-1991)

emphasized tax reform, a war on drugs and crime, long range planning and better ties to neighboring states and Mexico during 1st term. 2nd term, legacy was bringing "business principles and discipline to the state budget and government"

Chief of State

enhances more important formal roles of office. use high profile to set policy agenda through publicity can be used to become actively involved in economic negotiations, to find new markets for Tx goods.

Planning

federal statutes have designated the gov as having approval power for federal grants so he has greater voice in suggesting future programs.

Commander in Chief/Top Cop

gov does have power to declare martial law-to suspend civil govt temporarily and replace it with govt by the state militia and/or law enforcement agencies. was invoked to quell an oil field riot in east texas in 1931 and to gain control of an explosive racial situation on the gulf coast in 1943. gov is commander in chief of the military forces of the state, except when they have been called into service by national govt. Adjutant general-head of military forces. gov may also assume command of Texas Rangers and Dept of Public Safety to maintain law and order.

Chief Legislator

gov has 3 formal powers in this role: message power, session power, and veto power

Chief of Party (informal)

gov is key figure at state party conventions and is usually the leader of the part's delegation to national conventions.

Message power

gov may give messages to the legislature at any time, but constitution requires a gubernatorial message when legislative sessions open and when gov retires. must also deliver biennial budget message. other messages he may choose to send are often "emergency" messages when legislature is in session. messages are a formal means of expressing policy preferences. may set agenda for state govt. often delivers informal messages at meetings and social gatherings or through the media.

Budgeting

gov must submit biennial budget message to legislature w/in 5 days after they convene in regular session. budget is prepared by gov's Budget, Planning and Policy division. executive budget indicates to the legislature the gov's priorities and signals items likely to be vetoed. gov has 1 addt'l financial power-that of approving deficiency warrants of no more than $200,000 for the biennium for agencies that encounter emergencies and/or run out of funds.

George W. Bush (1995-2000)

gov race in 1994 as mainstream Republican. concerned with state control over state policy, the integrity of the family, the quality of education and the rising incidence of juvenile crime. he reflected more of a national republican position in wanting to cute welfare and in openly advocating a freer operating climate for business, esp by placing many restrictions on lawsuits for such activities as professional malpractice and faulty products. he talked about his conservatism, not his party affiliation. Bush won against Richards even though she was more popular among voters at election time. son of former pres. used nonpartisan, low key and consensus building approach to leadership. campaigned on 4 issues: reform of the juvenile justice system, setting limits on civil lawsuits (tort reform), more flexible and better public education, and restrictions on welfare. successful in further expanding public school flexibility. reelection in 1998 by 69% of vote.

Attorney/Businessperson, community pillar

gov's are often attorneys. since 1876, 16 of 31 TX gov's have been lawyers. only 1 of 5 most recent was lawyer-Mark White. Bill Clements and Bush were business people. Ann Richards-originally public school teacher, but essentially professional politician who worked as lobbyist for Washington based law firm after office. Perry is 5th gen TX farmer-rancher w/ 20+yrs spent as elected official. Gov's are members of civic, social, fraternal and business organizations and seem to the epitome of stable family life. Richards was exception-she was divorced.

Clemency

gov's power with regard to acts of clemency (mercy) is restricted to one 30 day reprieve for individual sentence to death. in cases of treason against the state, gov may grant pardons, reprieves and commutations of sentences with legislative consent. may also remit fines or bod forfeitures and restore DL's and hunting privileges. has discretionary right to revoke parole or conditional pardon. anything else must be by recommendation from state's chief executive officer to the Board of Pardons and Paroles. gov is empowered to refuse an act of clemency recommended by the board, but can't act w/o its recommendation in such matters as full and conditional pardons, commutations, reprieves and emergency reprieves.

Veto

gov's strongest legislative power. every bill that passes houses goes to gov who option of signing it, letting it become law w/o signing it, or vetoing it. if in session, he has 10 days, w/o sundays, in which to act. if bill sent to gov in last 20 days of session or after it's over, he has 20 days, including sundays, in which to act. if gov vetoes bill while still in session, it can be overridden by 2/3 vote in both houses. after session over, veto power is absolute. Gov's often use veto pen after their first legislative session, while using negotiation as a leadership tool in subsequent years.

Lt. Governor

he succeeds as gov if gov is removed from office by impeachment and conviction, dies in office or before taking office, or resigns. 1999 constitutional amendment stipulates that if a gov should become disabled, the lt. gov will carry out the duties of the office, should the gov die or otherwise be unable to return, the lt. gov will become gov for the rest of the term. if lt. gov unable to serve, the president pro tempore of the Senate will carry out the duties. once lt. gov becomes gov, his position is vacant. w/in 30 days, senate will elect of it's members to fulfill duties of lt. gov until next general election. executive article states that the senator elected as presiding officer is also the lt. gov but the legislative article is more ambiguous stating on that he or she will "perform the duties of the lt. gov"

Impeachment and succession

if he legislature believes a gov has misused the office, it may begin action toward impeachment. state's succession plan then goes into effect. TX-gov may only be removed from office through impeachment proceeding. Impeachment similar to grand jury indictment, it is a formal accusation. state constitution doesn't define impeachable offenses. by implication and precedents set in impeachment trial of Gov. James Ferguson in 1917 they are malfeasance, misfeasance, or nonfeasance in office. (official misconduct, incompetence, or failure to perform). TX impeachment process similar to national process, only successfully used against Ferguson. HOR must first impeach the executive by majority vote. then Senate acts as trial court, 2/3 vote of senators present is needed for conviction. Penalties for conviction are removal from office and disqualification from holding future govt office in the state.

Mark White (1983-1987)

inherited deteriorating economy and emphasized education and economic development as ways to shore up state financial picture. oversaw comprehensive reform of the public school system and pushed for vigorous regulation of public utilities in Tx.

Leader of the people

look to gov for leadership necessary to solve the state's problems and serve as their principal spokesperson on major issues. leadership depicted as consisting of 2 parts: the ability to "transact" (to make things happen) and the ability to "transform" (to decide what things should happen). successful tx gov can make both things happen and decide what policies out to happen.

Ann Richards (1991-1995)

most atypical gov of TX in > 1/2 a century. she was a populist, democratic female. took strong stands against concealed weapons and environmental destruction, urged reform of selected state agencies like the Insurance Commission and the Dept of Commerce. Most recent Democratic gov. High marks for quilting and diversity of her appts, for forcing changes in the controversial boards governing some state agencies, esp State Insurance Board and the Board of Pardons and Paroles; and for exerting executive control over other agencies like TX Dept of Commerce. Worked at economic diversification. "thorny rose of Texas". 1994 bid for reelection inept. lost to George W. Bush.

EJ Davis (1870-1874)

only (during Reconstruction) Republican gov until Bill Clements in1978. Republicans have held office since. Administration characterized by corruption and repression. when 1876 constitution was drafted, framers reacted against Davis administration by creating constitutionally weak gov's office.

Session Power

only gov can call special session. called sessions are limited to max 30 days, but can be called one after another. gov sets agenda for special sessions, but other matters can be considered after session called on a limited basis such as impeachment or approval of executive appointments. can be called when not enough work finished in regular session.

Item veto

permits the gov to delete individual items from a bill w/o having to veto it entirely. may be used only to strike a particular line of funding, it can't be used to reduce or increase an appropriation.

Legislative Budget Board

prepares a budget for the legislature to consider.

Chief Executive

refers to gubernatioral control over the states bureaucracy and appt/removal powers, budgeting, planning, and supervisory and clemency powers. list of elected officials statewide includes: lt gov, AG, comptroller of public accounts, commissioner of General Land Office, and the agriculture commissioner. Also members of the Texas Railroad Commission and the State Board of Education. elected independently so no obligation to the gov. Most visible executive appts that gov makes are Secretary of State, commissioner of education, commissioner of insurance, commissioner of health and human services, executive director of the Economic Development and Tourism Division, the director of the Office of State-Federal Relations, and the adjutant general who heads the state militia. gov also fills any vacancy that occurs in one of major elected executive positions to fill position until next general election. appts all or some of members of approx. 2 doz advisory councils and committees that coordinate the work of 2+ state agenices. gov must obtain 2/3 vote in senate for appts.

senatorial courtesy

senate will usually honor the objection of a senator from the same district as the nominee for appt by refusing to approve confirmation

Staff and organization

some staff members assigned to act as legislative liaisons-to lobby for the gov's programs. other staff members involved in recommending candidates for appts to state boards, commissions and executive agencies. gov's aides also prepare the executive budget, coordinate the various depts. and activities of the gov's office and schedule appts and activities. gov's staff handles daily routines, emergencies, and performs specific tasks assigned to them by law and in formulating political moves to promote the enactment of the gov's programs. Gov has wide range of responsibilities that include: making recommendations regarding public policy, applying the laws according to the law, promoting the TX economy, providing opportunity for people who traditionally have not had equal chances, and even providing for the state's homeland security.

populist

someone who believes in the rights, wisdom and issues of the common people, and that those people should be protected from exploitation by corporations, rich people, and government.

fringe benefits

special considerations that the governor receives in addition to a simple paycheck

Supervising

state constitution charges gov w/ responsibility for seeing that the laws of the state are "faithfully executed" but w/o tools to make it happen. gov's greatest supervisory and directive powers occur in role of commander in chief. can request reports from state agencies, appoint board chairs, remove their own appointees, and use political influence to force hiring reductions or other economies. gov must fall back on informal tactics to exercise control over the administration. staff is of supreme importance: if staff members can establish good rapport with state agencies, they may extend gov's influence to areas where gov doen't have formal authority. aided by 2 factors: fov's leadership of the party and veto powers.

Article 15 of Tx Constitution

stipulates the right to a trial before removal from office which means impeachment is likely to remain the chief formal removal procedure b/c it involves trial by the senate.

Election

the governor and all statewide elected executive are chosen in the statewide elections held in even # yrs when there is no presidential election. candidates are selected in primaries in the same yr. Gubernational elections are held in off years so that national issues don't over shadow state issues. voter turn out low in TX due to personality contest for gov office. Lt. gov runs independently of the governor.

appointment and removal powers

the governor's constitutional and statutory authority to hire and fire people employed by the state

session power

the governor's constitutional authority to call the legislature into special session and to set the agenda of topics to be considered in that session

veto power

the governor's constitutional authority to prevent the implementation of laws enacted by the legislature. The item veto allows the governor to delete individual items from an appropriations bill.

message power

the governor's means of formally establishing his or her priorities for legislative action by communicating with the legislature

impeachment

the process of formally accusing an official of improper behavior in office. it is followed by a trial and upon conviction, the official is removed from office

Personal characteristics

tradition dictates that the successful candidate for gov will be a white Anglo-Saxon protestant (WASP) male who is politically conservative, involved in civic affairs and a millionaire. will prob have held some other office, usually AG or lt gov., although being a professional politician is sometimes a liability among voters who prefer "good ol' boys".

Conservative

traditionally a gubernational candidate had to be a conservative Democrat.

Chief Intergovernmental Diplomat

tx constitution provides that the gov or his designee will be state's representative in all dealings with other states and with the national govt. role has increased importance for 3 reasons: 1. federal statutes now designate the gov as official who has planning and grant approval authority for the state, 2. some state problems, like water and energy development, often require cooperation of several states, 3. acquiring federal funds is essential in modern times. gov is active in the National Governors Assoc, the National Governors Conference and in regional and political party groups. Article 4 of constitution provides for rendition (surrender) of fugitives from justice who flee acress state lines. gov signs rendition papers and transmits them to appropriate law enforcement officials who are in charge of picking up fugitives and returning them to the appropriate state.

Tenure

until WWII, gov were elected for 2 yr terms. modern gov's serve 4 yr terms. Rick Perry served 3 full terms after finishing George Bush's unexpired term to become TX's longest serving gov. TX gov often in spotlight due to states large population.