By Loren Miller

THE ROLE OF GOVERNORTHE ROLE OF GOVERNOR

• Citizens expect the governor to play many roles– Chief Legislator: there is an expectation that a governor will have an

agenda of legislation to recommend– Party Chief: there is an expectation that a governor will be the head

of their political party– Ceremonial Duties: there is an expectation that a governor will

attend many functions and represent the state– Intergovernmental Coordinator: there is an expectation that a

governor will coordinate activities with other state government and with the national government

– Crisis Manager: there is an expectation that a governor will provide strong leadership in times of natural or manmade disaster

LEGAL REQUIREMENTS

• at least 30 years of age

• a United States citizen

• a resident of Texas for at least five years preceding election

REQUIREMENTS FOR EXECUTIVE OFFICEREQUIREMENTS FOR EXECUTIVE OFFICE

Minimum Age: U.S. Citizenship:

None 4 No Requirement 10

25 5 Required 25

30 7 Less than 5 years 1

31 34 5-10 years 9

35 POTUS 11+ years 5

By birth POTUS

State Citizenship or Residency: Qualified Voter:

5-10 years 32 Yes 21

14 years POTUS Not Specified 31

PRACTICAL REQUIREMENTS

• personal wealth and/or ability to raise large sums of money• previous public service• lawyers or business executives• middle-aged

• Protestant (Baptist or Methodist)• white• male• east of I-35

COMPENSATION OF GOVERNORSCOMPENSATION OF GOVERNORS20122012

1.1. PennsylvaniaPennsylvania $183,255 $183,255 50. Maine 50. Maine $70,000$70,000

2.2. New YorkNew York $179,000 49. Arkansas $179,000 49. Arkansas $86,890$86,890

3.3. IllinoisIllinois $177,412 48. Colorado $177,412 48. Colorado $90,000$90,000

4.4. New JerseyNew Jersey $175,000 $175,000 47. Oregon 47. Oregon $93,600$93,600

5.5. Virginia $175,000 46. ArizonaVirginia $175,000 46. Arizona $95,000$95,000

6.6. CaliforniaCalifornia $173,987 45. South Dakota $173,987 45. South Dakota $98,031$98,031

7.7. DelawareDelaware $171,600 44. Kansas $171,600 44. Kansas $99,636$99,636

8.8. Washington $166,891 43. WyomingWashington $166,891 43. Wyoming $105,000$105,000

9.9. Michigan $150,000 42. NebraskaMichigan $150,000 42. Nebraska $105,000$105,000

10.10. Kentucky $151,643Kentucky $151,643 41. South Carolina 41. South Carolina $106,078$106,078

11. Texas $150,000 National Average: $132,851

SUCCESSION TO OFFICE• If the governor dies or leaves office for any

reason, the Lieutenant Governor advances to the office of governor.

• In Texas, the Lieutenant Governor becomes “acting governor” whenever the governor leaves the state.– When Governor Perry was running for

president, the Lieutenant Governor became “acting governor.”

SUCCESSION TO OFFICE

• After the Lieutenant Governor, the line of succession is:– The President Pro Tempore of the Senate– The Speaker of the House– The Attorney General– The Chief Justice of Courts of Appeals

• There are 14 Courts of Appeals in Texas

REMOVAL FROM OFFICE• The Governor of Texas can be removed from office by

impeachment:– The Texas House charges (impeaches)– The Texas Senate determines the outcome

• Jim Ferguson (1915-1917) was impeached and convicted for misuse of state funds (actually because of his fight with the UT Board of Regents)

• Some states, but not Texas, allow the recall of governors

TENURE

• If the governor dies or leaves office for any reason, the Lieutenant Governor advances to the office of governor.

• In Texas, the Lieutenant Governor becomes “acting governor” whenever the governor leaves the state.– When Governor Perry was running for

president, the Lieutenant Governor became “acting governor.”

PLURAL EXECUTIVE

TEXAS VOTERS

GOVERNOR LT. GOVERNOR

ATTORNEYGENERAL

AG.COMMISSIONER

STATECOMPTROLLER

LAND COMMISSIONER

RAILROADCOMMISSION(3 MEMBERS)

BOARD OFEDUCATION

(15 MEMBERS)

2010

RAILROAD COMMISSION

• Created in 1891 to regulate railroad monopolies

• The task of regulating the exploration , drilling and production of oil and gas was assigned to the railroad commission in the 1920s

• Regulation of the trucking industry was assigned to the railroad commission in the 1930s

• Since railroads and trucking are interstate, not intrastate commerce, the railroad commission’s primary function is the oil and gas industry

RAILROAD COMMISSION

• A conservation agency

– To prevent the waste of natural resources, the agency sets an allowable for each oil and gas well.

• Prorate oil production to conform to market demands

– Oil producing nations have adopted this format to keep oil prices at a profitable level

• Protect the rights of producers and royalty owners

• What type of people are likely to be elected to the railroad commission?

“The Commission is the most powerful state agency there is.”

Phillip Robinson, lobbyist

BOARD OF EDUCATIONSelect approved texts for public schools

• History– Succeeded in changing curriculum standards in

2010.• Downplay the role of Hispanics in Texas history• Diminish Thomas Jefferson’s standing because of his

strong belief in the separation of church and state• Stressed the Christian background of our founding fathers• Emphasized states’ rights as a cause of the Civil War

• Ban the use of the word “capitalism” because it is often

used in a negative context.

• Biology– Creationism v. evolution

LIEUTENANT GOVERNOR

• The power of the Lieutenant Governor is not as an executive leader but as a legislative leader– Presides over the Texas Senate– One of the strongest in the nation – Co-chairs the Legislative Budget Board (with the

Speaker) and appoints Senate members

Current Occupant is David Dewhurst ($7,200/yr + Per Diem)

Eight states do not have a Lieutenant Governor

ATTORNEY GENERAL• The chief legal officer of the state

– Represents state agencies, boards and commissions in court

• Defending the state’s public school financing system (1980s and 1990s)

• Filing suit against the Environmental Protection Agency (2013)

– Deals mostly with civil law (although they emphasize crime issues when they run for office)

• Child support payments• Collection of delinquent state taxes

– Opinions by the Attorney General

ATTORNEY GENERAL• Often a stepping stone to higher office as the

Attorney General can become involved in a wide range of high-profile policy issues which keeps the office in the public eye.

• Former Attorney Generals include:– John Cornyn (U.S. Senator)– Mark White (Governor)

– Current occupant is Greg Abbott ($150,000/yr)

STATE COMPTROLLER

• The state comptroller is responsible for tax collection as well as revenue forecasting– The comptroller is the state’s accountant,

auditor and tax collector.– Texas can not deficit spend, so before the

legislature meets the comptroller must provide legislators with the maximum amount of money that will be available for the next two years

– Current occupant is Susan Combs ($150,000/yr)

Accuracy of Revenue ForecastsIn Billions

STATE COMPTROLLER

• The state comptroller is also responsible for other duties:– Collecting taxes (sales tax, motor fuel tax, inheritance

tax)– Returns abandoned money and property– Invests deposits to generate revenue

LAND COMMISSIONER

•Responsibility is to administer state lands– Includes 20 million acres of land (open beaches and

submerged land 10.3 miles into the Gulf of Mexico – Responsible for leasing state lands and generating

funds from oil and gas production• The General Land Office generates hundreds of millions of

dollars in royalties on oil and gas extracted from state lands.• Environmental protection has often been treated as

secondary to economic growth

– Current occupant is Jerry Patterson ($137,500)

AGRICULTURE COMMISSIONER

• Responsibility is to promote Texas agricultural products and protect the public from unsafe agricultural practices– Pesticide regulation and pest management

• This is somewhat of a trade off between environmental protection and the interests of agribusiness

– Food inspection– Inspection and certification of measuring

devices (gasoline pumps and market scales)

Current Occupant is Todd Staples ($137,500/yr)

Candidate must claim to be an experienced farmer

APPOINTMENT POWERS

GOVERNOR

Secretary of State

Adjutant General

Commissioner of Education

Director, Office ofState-Federal Relations

Governing Boards andCommissions (300+)

Commissioner of Insurance

Commissioner of Health and Human Services

SECRETARY OF STATE

•Responsibility is primarily in the area of elections and the keeper of state records

– Voter registration• Cooperate in voter registration drives

– Preparation of election information– Supervision of elections

•Keeps records of all debt transactions– When someone borrows money from a bank or other

financial institution, a copy of the loan agreement is filed with the Secretary of State

SECRETARY OF STATE

•The Secretary of State is the highest-ranking official appointed by the Governor (with Senate approval) rather than be elected by the voters.

– Past secretaries have used this office to build name recognition among the public and run for another statewide office

• John Hill (Attorney General, 1973-1979)• Mark White (Governor, 1983-1987)• Bob Bullock (Lieutenant Governor, 1991-1999)

• Current occupant (2013) is John Steen

COMMISSIONER FOR HEALTH AND HUMAN SERVICES

• Created in 1991 to coordinate a number of health related programs– Aging– Alcohol and drug abuse– The blind, deaf and hard of hearing– Early childhood intervention– Juvenile probation– Mental health and retardation

STATE-FEDERAL RELATIONS

• This office coordinates relations between state and federal officials– Becomes an advocate for the state in dealing

with federal agencies• Attempting to receive more federal funds for

West, Texas

ADJUTANT GENERAL

• This office is specified in the Texas Constitution and is responsible for directing the state military force

BOARDS AND COMMISSIONS• There are over 300 boards and commissions

and the governor appoints over 2,800 members– Boards and commissions have multiples of 3

(3, 6, 9, 12 . . . .) and the governor nominates 1/3 of the members every two years

– The nominees must be confirmed by the Texas Senate (2/3s vote)

• Role of Senatorial Courtesy

– The members serve a six year term– The members can be removed only with a 2/3s

vote of the Senate

TYPES OF BOARDSTYPES OF BOARDS

Social Services:

Juvenile Justice Board

Health and Human Services

Criminal Justice Board

Workforce Commission

Higher Education:

University Boards of Regents

Higher Education Coordinating Board

TYPES OF BOARDSTYPES OF BOARDS

Natural Resources:Water Development Board

Transportation Commission

Parks and Wildlife Commission

Commission on Environmental Quality

TYPES OF BOARDSTYPES OF BOARDS

Licensing Boards: Board of Barber Examiners

Cosmetology Commission

Polygraph Examiners Board

Doctors, Dentists, Podiatrists, Nurses, Realtors, Insurance, Funeral Directors

TYPES OF BOARDSTYPES OF BOARDS

Regulatory Boards: Public Utilities Commission

Alcoholic Beverage Commission

Racing Commission

Finance Commission,

State regulatory agencies make rules which are legally binding regulations

“It’s a time honored tradition in Texas politics that if you expect one of the plum appointed positions, you should expect to be a hefty contributor.”

John Hildreth, Common Cause

Some of Governor Perry’s appointees . . .

Paul Foster $389,000 UT

Larry Anders $383,000 Texas Tech

James Dannenbaum $297,000 UT

Steve Hicks $290,000 UT

Philip Adams $285,000 Texas A&M

2010

Regent Appointee Contributions to Governor Perry, 2001-2010

Amount Board # of Appointees

% Who Donated

Average Contributed

$1,589,000 U. of Texas 16 81% $99,300

$1,360,000 Texas A&M 14 86% $97,100

$1,160,000 Texas Tech 16 94% $72,300

$903,000 U. of Houston

15 87% $60,200

$504,000 U. of North Texas

16 44% $31,500

$243,300 Texas Southern

19 37% $12,900

Executive Powers

LEGISLATIVE POWERSLEGISLATIVE POWERS

• Power to declare legislation an “emergency Power to declare legislation an “emergency measure”measure”

• The Veto The Veto – Post-adjournment VetoPost-adjournment Veto

• In 2001, Governor Perry vetoedIn 2001, Governor Perry vetoed a record 82 a record 82 bills after the session ended bills after the session ended

– Item VetoItem Veto• Special SessionsSpecial Sessions

– 30 days30 days– establish the agendaestablish the agenda

Gubernatorial Vetoes

Governor Years Vetoes Average/Year

Bill Clements 1979-1983 78 19.5

Mark White 1983-1987 95 23.75

Bill Clements 1987-1991 113 28.0

Ann Richards 1991-1995 62 15.5

George W. Bush 1995-2000 97 10.3

Rick Perry 2000- 2012 273 22.7

Through 2012

JUDICIAL POWERSJUDICIAL POWERS

• Pardons and ParolesPardons and Paroles

Prisoner

Governor

Prisoner

Board of Pardon & Paroles

Governor

JUDICIAL POWERSJUDICIAL POWERS• In capital punishment, the governor may grant a In capital punishment, the governor may grant a

30-day stay of execution without the 30-day stay of execution without the recommendation of the Board of Pardons and recommendation of the Board of Pardons and ParolesParoles

• Upon recommendation of the Board of Pardons Upon recommendation of the Board of Pardons and Paroles, the governor may grant a:and Paroles, the governor may grant a:– Reprieve: the postponement of punishmentReprieve: the postponement of punishment– Commutation: the reduction of punishmentCommutation: the reduction of punishment– Pardon: exemption from punishmentPardon: exemption from punishment

JUDICIAL POWERSJUDICIAL POWERS

• Fill Judicial VacanciesFill Judicial Vacancies– Many state judges (over 40%) received their Many state judges (over 40%) received their

initial position by gubernatorial appointmentinitial position by gubernatorial appointment

Judges Appointed by the Governor2013

Supreme Court 6 of 9

Court of Criminal Appeals 2 of 9

Courts of Appeal 45 of 80

District Courts 175 of 456

“In Texas, gubernatorial leadership is plagued by three conflicting truths. The voters expect it. The Constitution limits it. And lawmakers, while sometimes carping about the lack of it, often resent it.”

Ken Herman, journalist

“The governor’s office is what you

make of it.”

Bill Clements, former Governor of Texas

“People say the Texas Governor is a weak position. Only a weak

person makes it a weak position.”

George W. Bush, former Governor of Texas

Why does anyone want to be governor of Texas? The governorship is like the super-super gift in the Neiman-Marcus Christmas catalog—something for the man who has everything and absolutely unique!

Anonymous political scientist

STRONG GOVERNORSSTRONG GOVERNORS

• Four-year term of office; no limit on reelectionFour-year term of office; no limit on reelection****• Leader of political party; state has strong party systemLeader of political party; state has strong party system• Call special elections/appoint replacementsCall special elections/appoint replacements**• Appoint judges, commissions, and boardsAppoint judges, commissions, and boards**• Govern with cabinet style leadershipGovern with cabinet style leadership• Develop budget for all executive agenciesDevelop budget for all executive agencies• Call special sessions and set agendaCall special sessions and set agenda****• Veto bills; return bills to legislature for changesVeto bills; return bills to legislature for changes**• Veto line items in appropriations billsVeto line items in appropriations bills****• Reduce appropriationsReduce appropriations

Executive Powers

GUBERNATORIAL POWERSGUBERNATORIAL POWERSStrong

Massachusetts 4.3 Maryland 4.2 Washington 4.0

New Jersey 4.0 West Virginia 4.1

Moderately StrongIllinois 3.9 South Dakota 3.8 New Mexico 3.5 Minnesota 346

Hawaii 3.9 New York 3.7 Kansas 3.5 Connecticut 3.4

North Dakota 3.8 Mississippi 3.7 Wyoming 3.5

Ohio 3.8 Utah 3.6 West Virginia 3.4

Michigan 3.8 Alaska 3.5 Pennsylvania 3.4

ModerateMaine 3.3 Virginia 3.3 Colorado 3.1 Idaho 2.8

Montana 3.3 Indiana 3.3 Nebraska 3.1 Louisiana 2.8

Overall Average 3.3 Alabama 3.3 Florida 3.1 Missouri 2.8

Wisconsin 3.3 Kansas 3.3 Georgia 3.0 New Hampshire 2.8

Delaware 3.3 Iowa 3.2 Nevada 3.0 Tennessee 2.8

Arizona 3.3 Kentucky 3.2 California 2.9 Texas 2.8WeakArkansas 2.7 Vermont 2.6 North Carolina 2.5 Rhode Island 2.3

South Carolina 2.7 Oregon 2.5 Oklahoma 2.4 2013

GUBANATORIAL POWERSGUBANATORIAL POWERS

SUMMARY OF POWERSSUMMARY OF POWERS

• Executive PowersExecutive Powers– One of the weakest in the United StatesOne of the weakest in the United States

• Legislative PowersLegislative Powers– One of the strongest in the United StatesOne of the strongest in the United States

• Judicial PowersJudicial Powers– Fairly weakFairly weak