Executive Branch The Plural Executive

Attorney General

Greg Abbott

Elected 2002/6

Phil Wilson – Perry Appointee

The Executive Branch

• Topical Scenario• Elected State Officials

• Appointed State Officials• Bureaucracy Organization

• Controlling the Bureaucracy• Bureaucracy and Change

• Bureaucracy and Democracy

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

Tuition Growth

• University of Texas 15 Hour Semester– 2002 $2472– 2009 $4686

• Current Year– UT $8060– A&M $7326– TT $7083– TSU $6518

The Bureaucracy - Government Agencies

• 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

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

Elected State Officials

• 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

• 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• 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

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

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

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

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

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

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

Secretary of State

• Keeper of state records• Responsible for election data and filing• Responsible for supervision of elections• Certifies election results

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

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

Insurance Commission

• Originally 3 member board

• Regulates and oversees the insurance industry

• Monitors health of industry (assets available)

• Regulates rates

• Regulates HMOs

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

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

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

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

Bureaucracy StatisticsLocation Number of EmployeesTemple-Inland 15500Texas Instruments 31000Southwest Airlines 32700Whole Foods 36200Dell 65200Exxon/Mobil 106400State Agencies 157850Higher Education 186100

Number of Employees

0 50000 100000 150000 200000

Temple-Inland

Texas Instruments

Southwest Airlines

Whole Foods

Dell

Exxon/Mobil

State Agencies

Higher Education

Number of Employees

Bureaucracy StatisticsMajor Categories Number of EmployeesLegal 2715Maintenance 3694Law Enforcement 4364Medical, Health 5006Finance 5073Engineering Design 9254Program Management 14476Admin Support 17417Social Work 26251Criminal Justice 33330

Number of Employees

0 10000 20000 30000 40000

Legal

Maintenance

Law Enforcement

Medical, Health

Finance

Engineering Design

Program Management

Admin Support

Social Work

Criminal Justice

Number of Employees

Bureaucracy StatisticsState Private

White 55 58Hispanic 22 28Black 21 11Other 2 3

0

10

20

30

40

50

60

70

White Hispanic Black Other

State

Private

Bureaucracy StatisticsState Private

Female 54 45Male 46 55

0

10

20

30

40

50

60

Female Male

State

Private

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.

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.

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.

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