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The Executive Branch Chapter 9

Learning Objectives 9.1 Analyze gubernatorial elections and the impact of campaign funds on the politics of the governorship. 9.2 Summarize how the constitution and laws of Texas provide resources, as well as succession and removal procedures, for the governor. 9.3 Discuss the informal powers of the governor. 9.4 2 Explain the effect of checks and balances

Gubernatorial Elections Constitutional Requirements 30+ years old U.S. citizen Texas residency for five years immediately preceding election *Must acknowledge existence of Supreme Being (No term limits /p. 322 pros and con 4

Greg Abbott and Wendy Davis on the gubernatorial campaign trail. Critical Thinking Question: Should there be legal limits on the size of campaign contributions? Copyright 2016 Cengage Learning. All rights reserved. 5

Gubernatorial Elections Gubernatorial Politics: Money Matters Significant funding needed Sanchez vs. Perry (2002) Donor policymaking appointmentstexas A&M/Perry/Richards Symbolic of public support Tool to gain legislative support 6

Gubernatorial Elections Gubernatorial Politics: Money Matters Tool to gain legislative support-lacking constitutional powers a Texas governor must rely heavily on skills in personal relations, competent staff assistance from communications professionals, and talent for gentle persuasion and forceful arm twisting 7

Gubernatorial Elections Travis DA/DWI / Perry Lehmberg-Travis County District Attorney. Drunk driving. Wanted her resignation and threatened to veto funding of the Public Integrity Unit if she refused. Perry abuse of official capactiy and coercion of a public servant Found innocent of all charges. 8

Overview of the ship Compensation and Benefits $150,000 annual salary + benefits Official travel and security Staff/maintenance for personal residence Cannot hold office or receive compensation from others while governor Blind trust 9

Overview of the ship Questions: What are the constitutional requirements for gubernatorial candidates? s often reward campaign donors with appointments to government positions? 10

Overview of the ship Compensation and Benefits Staff Appointed and removed by governor Chief of Staff/personal secretary Much larger now than earlier: 300/Ann Richards/266 Perry/ 68 Connally Helps in dealing with lobbyists, legislators, reporters, and the the general public Directs programs mandated by legislature 11

How Do We Compare... in s Compensation and Staff Size? Critical Thinking Question Is the Texas governor compensated too little, an appropriate amount, or excessively? Copyright 2016 Cengage Learning. All rights reserved. 12

Overview of the ship Succession Lieutenant governor If governor dies, resigns or is unable to serve If governor temporarily unable to serve, disqualified, impeached If governor absent from state, serves as acting governor Next in line: president pro tempore of Senate 14

Overview of the ship Removal from Office Power of impeachment House of Representatives (majority vote) Conviction (Removal) by the Senate (two-thirds majority) James E. Pa Ferguson Only governor impeached and removed Learning Check 15

Overview of the ship Questions: The Texas governor's staff is smaller today than ever before? What is the constitutional procedue for removing a governor from office? 16

Informal Powers of the Informal Powers Not based on law: rely on governor s popularity with public Chief of state role Traditions, symbols, and ceremonies-eagle scout, jogging, physical activities, Coyote Special Speeches and public appearances-promote decriminalization of marijuana 17

Informal Powers of the Informal Powers Use of social media Involvement of family members-laura Bush (reading) and Anita Perry Alzheimer's, breast cancer, and family violence Learning Check 18

Informal Powers of the Questions: The governor's informal powers are not based on law. Public involvvement of family members may be a source of support for the governor. 19

Executive Powers of the Nominating individuals to fill appointive offices(subject to approval of Senate)/nominate and in some cases removal of state officials Limited control over state administration Civil disobedience/natural disasters 20

Executive Powers of the Participate in state budget making and budget management Announce policies by issuing executive orders Make public proclamations for ceremonial and other purposes Promote the economic development 21 of Texas

Executive Powers of the Appointive Power Advise and consent of 2/3 of Senate Recess appointments( be submitted to the Senate for confirmation within 10 days after it convenes for a regular or special session Limitation: most appointments for sixyear terms (political overlap). So governor cannot remove an 22 appointment from a previous governor.

Executive Powers of the Appointive Power Includes to filling vacancies for elected head of the executive departments, members of the Railroad Commission, members of the State Board of Education, district attorneys, and Judges Interim appointment for vacated U.S. Senate seat but NOT Texas legislature or the US House of Representative (appointed by people in district) 23

Executive Powers of the Removal Power No independent removal power over most state agencies. can ask to resign. Can remove own staff, some agency heads, and his or her appointments with the consent of the Senate Some agency heads (offices created by the legislature (commissioner of health and human service, insurance and housing and community affairs) 24

Executive Powers of the Military Power Commander-in-Chief of Texas military Texas Army National Guard/Texas Air National guard. Can be called by President in time of war. Perform relief and rescue services in counties hit by hurricanes, floods, fires, and other natural disasters (border security) Does not deploy military forces overseas Texas State Guard-serve within Texas and support the other two branches of the Texas Military Forces. Martial law- Temporary with civil disorder 25

Executive Powers of the Law Enforcement Power Law enforcer is primarily a responsibility of city police and county sheriffs' departments Texas Department of Public Safety (DPS) headed by Public Safety Commission appoints the commission five members subject to Senate approval) Commission Can command Texas Rangers 26

Executive Powers of the Budgetary Power Prepare budget-submit a state budget to the legislature at the beginning of each regular session Veto-When an appropriation bill is enacted by the legislature and certificated by the comptroller of public accounts, the governor man veto the whole document of individual items. 27

Executive Powers of the line-item veto-eliminate an individual budget item while permitting enactment of the other parts of an appropriation bill Obamacare -vetoed because state would have to expand medicaid rolls and get stuck with the additional monies that state would have to pay later. (Still elected because people in Texas did not want Obamacare) 28

Executive Powers of the Contingency rider-authorization for spending state money to finance provisions of a bill if the bill becomes law (Public integrity unit was a contingency rider for a bill that had been passed but was vetoed by the governor). Question as to whether abuse of official capacity coercion of public servant/learning check 29

Executive Powers of the Executive Orders and Proclamations Executive order to set policy within the executive branch and to create task forces,councils and other bodies -Chief Executive Officer of the state but does not empower him/her to tell state officials what they must do unless such action is authorized by the legislature. 30

Executive Powers of the Examples :Texas Higher Education Coordinating Board/Opportunities for achieving cost efficiencies State funding on courses completed, faculty workload, distance learning, alternatives to new campuses, energy use, and cost of instructional material Ex.2 HPV vaccine 31

Executive Powers of the Proclamations-official public announcements disaster area -drought or hurricane Crime Stoppers Month Declare a state of emergency/shortage of liquefied petroleum /waiving certain regulations and requirements Special session and special elections 32

Executive Powers of the Economic Development To attract investment and move businesses to Texas from other states and countries/ Toyota Texas Enterprise Fund (TEF) attract or retain industries Learning check 33

Executive Powers of the Economic Development Texas One-non-profit that will help fund the TEF with tax-deductible contributions Emerging Technology Fund (ETF)- small to middle companies develop new technology for a wide range of high-tech industries Overall positive but 16 had declared bankruptcy. Abbott doesn't like picking winners and losers 34

Executive Powers of the Questions: Most gubernatorial appointments must be approved by a two-thireds vote of the House of Representatives? What constitutional power allows the governor to exercise control over state spending? 35

Legislative Powers of the No direct lawmaking authority but legislative power is exercised through four major functions authorized by The Texas Constitution: Delivering messages to the legislature Signing bills and concurrent resolutions Vetoing bills and concurrent resolutions Calling special sessions of legislature 36

Legislative Powers of the Bargaining with influential lobbyists and legislative leaders (Speaker of the House and the Lt. ) Message Power State of the State address-to promote a harmonious relationship with the legislature (timing,support of governor's program with the chairs of legislative committees, and the governor's 37 personal popularity with the public)

Legislative Powers of the Bill Signing Power Signing bills and concurrent resolutions within 10 days/photo-ops to inform Texans Can veto while in session which can be overcome by a 2/3 in each chamber While in session, becomes law within 38 10 days without the signature

Legislative Powers of the Bill Signing Power After adjourns, governor has 20 days to veto bills and concurrent resolutions or it becomes law without his signature Postadjournment veto- Rejection by the governor of a pending bill or concurrent resolution during the 20 days after a legislative session Texas legislature cannot come back into session to try and overrule veto 39

Legislative Powers of the So Veto Power-To reject a bill or concurrent resolution passed by the legislature is a very powerful tool of the governor Line-item veto- allows governor to veto a pork-barrel (funding for pet projects to a legislator's district) (deals made with lawmakers) 40

Legislative Powers of the Special Sessions Power No restriction on the number of special sessions a governor may call (call several back to back) Length is limited to 30 days Legislature considers only those matters the governor specifies( exceptions: confirmation of appointments or impeachments) 41

Legislative Powers of the Threat of calling special session is a tool the governor wields to influence the legislature to heed his wishes. / Wanted them to include a $1.8 billion tax cut $2 billion for major water and infrastructure projects Second Sessions: abortion, juvenile justice, and transportation 42

Legislative Powers of the During a session, the governor's veto can be overriden by a two-thirds majority vote in the House and in the Senate. How can the legislature be convened for a special session? 43

Judicial Powers of the Appointment and Removal of Judges and Justices (Fill vacancies on state(but not county or city) courts. More than half of Texas's state judges and justices first serve on district courts and higher appellate courts through gubernatorial appointments to fill a vacancy caused by judge's death, resignation, or removal from office 45 Wallace B. Jefferson/Medina/Guzman

Judicial Powers of the Acts of Executive Clemency- Until mid-1930's, Texas governors had extensive powers to undo or lessen punishment for convicted criminals through acts of clemency that set aside or reduced court-imposed penalties. 46

Judicial Powers of the Parole- Supervised release from prison before completion of a sentence on condition of good behavior Full pardon-on recommendation of the Board of Pardons and Paroles, governor releases a convicted person from all consequences of a criminal act and restores the same rights enjoyed by others who have not been convicted of a crime 47

Judicial Powers of the Conditional pardon- On recommendation of the Board of Pardons and Paroles, that releases a convicted person from the consequence of his or her crime but does not restore all rights as in the full pardon 48

Judicial Powers of the Commutation of sentence-on recommendation of the Board of Pardons and Paroles, the reduction of a sentence by the governor Commuted 28 death row inmates with U.S. Supreme Court decision, Roper v. Simmons that people cannot be executed if they were minors at the time of the crime 49

Judicial Powers of the Death sentence reprieve- independently grant one 30-day reprieve in a death sentence case (temporarily suspends execution of a condemned prisoner) 50

Judicial Powers of the Edgar Tamayo- a 1963 treaty that requires police to inform foreign citizens of their right to assistance from their country's local consul. (Tamayo had been in the US for many years). Also claimed mentally impaired so cruel and unusual punishment. State Department protested. Delays denied by governor and executed Learning check 51

Judicial Powers of the Questions: A vacancy on a Texas district court or higher appellate court is filled by gubernatorial appointment Which Texas official has a power to independently grant one 30-day reprieve in a death sentence case? 52

The Plural Executive Lt., Attorney General, Comptroller, Land Commissioner, and the Agricultural Commissioner and the Secretary of State The Lieutenant Elected (statewide) votes in tie Most influential in legislative branch 53

The Plural Executive Serves as president of the Senate First in line in succession if the office of becomes vacant Actually salary is $7,200 but gets per diem when acts as the governor (when out of town) 54

The Plural Executive The Attorney General Elected Represents state in civil litigation (overturning health care reform, affirmative action, redistricting disputes) Issues advisory opinions/legal advice to state and local officials. Authoritative unless overruled by court decisions or new laws 55

The Plural Executive The Attorney General Quo warranto proceedings, which challenge an official's right to hold public office Enforces child support orders issued by state courts and administers the Crime Victims' compensation Fund Transparency/Open records/exception for the lethal injection drugs and 56 location of dangerous chemicals

The Plural Executive The Comptroller of Public Accounts Elected State's chief accounting officer and tax collector Collecting taxes, keeping accounts, estimating revenue, and serving as treasurer to the states Designates hundreds of Texas financial institutions (banks, s/l) to serve as 57

The Plural Executive The Comptroller of Public Accounts After a biennial appropriation bill passes by a simple majority vote in the House and Senate, the Texas Constitution requires the comptroller's certification that expected revenue will be collected to cover all of the budgeted expenditures 58

The Plural Executive The Commissioner of the General Land Office Elected Oversees public lands/mineral interests (oil,gas, and sulfur leases) for benefit of Public School Fund (PSF) so oversees PSF Wind rights (Texas tidelands) Serving as chair of the Veterans Land 59 Board

The Plural Executive The Commissioner of the General Land Office (con't) Competing interests Environmental (public land and water) vs. generating revenue General Land Office maintains an archive of about 35 million documents and historic maps relating to land titles in Texas Did not allow Christmas Mountains in West Texas to the national Park Services because of the restrictions on hunting and firearms 60

The Plural Executive The Commissioner of the General Land Office Transferred to Texas State University for the study of biology, geology, archaeology, and wildlife management Enforcement of the Opens Beach Actseparating private land and public land along the Gulf Coast. Severence v. Patterson-does not apply to beachfront areas on Galveston Island/bad in that the state will no longer have sand socks 61

The Plural Executive The Commissioner of Agriculture Elected Promotes the sale of agricultural commodities (exports) Regulates pesticides/aquaculture/eggs Accuracy of commercial scales, pumps, and meters Practicing farmer 62 Enforces agricultural laws and policies

The Plural Executive The Commissioner of Agriculture Staples (2007-2015): export products to Cuba/ Texas Public School Nutrition Policy / Fighting obesity healthy eating habits into children's home that is from the lunchroom into the living room 63

The Plural Executive The Secretary of State Appointed by governor (for concurrent term) Chief elections officer:administering state election laws in conjunction with county officials;tabulating election returns for state and district offices Granting charters to Texas corporations Issuing permits to outside corporations 64 to conduct business within Tx.

The Plural Executive Questions: Heads of state agencies may not request opinions from the attorney general concerning the scope of their jurisdictions What is one important power of the secretary of state for persons desiring to establish a Texas corporation? 65

Video Discussion Questions 1. 2. 3. Should Texas governors be subject to term limits? Why or why not? Are s Perry s legislative priorities mentioned in this video aligned with the majority of Texans? What is the most important quality a governor should possess? Copyright 2016 Cengage Learning. All rights reserved. 67