POLS 207 TX Plural Executive PDF

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Summary

The document includes lecture notes from POLS 207 Professor Megan Dyer from the 2019 fall semester at Texas A&M University. Lecture notes were taken from her PowerPoint presentations in class and her verbal lectures....

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POLS 207: TX Plural Executive 1. Lt. Governor 2. Other executive offices Plural v. Unitary Executives • Federal Gov’t: President of the United States (POTUS) is a unitary executive • Texas: Executive power divided among many statewide officials • Powers intentionally dispersed • Purposefully designed to be weaker • More points of access for interest groups The Executive Branch • Governors commonly have experience in other statewide, elected office • Key statewide-elected leaders in TX: • Lieutenant Governor • Comptroller • Land Commissioner • Railroad Commission (3 seats) • Agricultural Commissioner • Attorney General Lieutenant Governor • Most institutionally powerful gov’t position in TX • Governor “weak” in formal powers • Lt. Gov. “strong” in formal powers • 4-year term, NOT “paired” w/ Governor like POTUS & VP • Can even be from different party! • “Next-in-line” • But… few executive-type functions Lt. Governor & the Legislature • “Legislator in Chief”–– most powerful legislator • President of TX Senate • Procedural oversight • Broad legislative influence • Appoints Senate committees • Assigns bills to committees • Chairs positions on several powerful legislative boards • (Not “ceremonial” role like U.S. Vice President) Lt. Governor & the Budget • Budget: most important bill of any legislature

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‘Co-chair’ of 10 member Legislative Budget Board (LBB) LBB (not Governor’s office) drafts budget Key agenda-setting power Sets policy starting point for session

The Executive Branch in Texas: • Governor has NO broad powers over much state gov’t business, including… • Legal system • State budget & finances • Education • Transportation • Lt. Governor = primarily a “super-legislator” • Only acts as executive when Governor is out of state • TX “Plural Executive” = MANY independent grants of power • Most offices directly elected • Don’t need to share party -or- agenda! • Agriculture • Public utilities • Land development • Natural resources Comptroller • 4-year term • POWERS: Broad financial responsibilities • Tax collection, accounting, check writing, audits • Treasurer of state funds & investments • Estimating revenue for state • Powers put put office at the heart of the budgetary process • Budget can’t become law w/o Comptroller’s certification Land Commissioner • 4-year term; heads General Land Office • POWERS: Managing TX public lands & their resources • Including: • Mineral rights • Grazing leases • Oil & gas leases • Issues permits for exploration & use • Collects royalties on oil, gas extracted • Valuable state revenues Public Lands in Texas • 12% of TX land is state public land

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Little federal public land ~1% Only state to control all its public lands Royalties added to state permanent funds Interest from these funds education!

Railroad Commission (RRC) • 3 commissioners, 6-yr staggered terms • Regulates oil & gas, pipelines, etc. • (NOT railroads since 1980s) • POWERS: Writing regulations & adjudicating implementation of state energy laws • Better name = “Energy Commission” • Oil/gas = 60% of industry in TX • 1930s–1970s: effectively managed world’s oil supply Current TX Railroad Commissioners Texas RRC’s Challenges • At the Heart of Oil & Gas Regulatory Controversies 1. Human induced earthquakes (from wastewater disposal) 2. Eminent domain & pipelines 3. Groundwater trespass 4. Local control of oil & gas operations • e.g. controversy b/t industry & residents over fracking • Notes: Members are routinely from oil/gas industry Agricultural Commissioner • 4-year term; Heads Texas Dept. of Agriculture • POWERS: Enforces state agricultural laws for nation’s 2nd leading agricultural producer • Food inspection • Promotion of exports • Animal quarantine, disease, pest control • Conflict in duties?: • Carries out laws promoting & benefitting agriculture • Also responsible for consumer protection & environmental laws Attorney General • 4-yr term; chief legal officer for state • Mostly civil law (not criminal law) • Represents state in lawsuits • POWERS: • Gives legal opinions of legality/constitutionality of statutes • Statements have effect of law, UNLESS… 1. Overturned by court 2. Altered by legislative action • Enforces anti-trust & child support laws Ken Paxon, TX Attorney General

Secretary of State • Appointed by governor • POWERS: • Administer state election laws • Maintains public records & filings • Includes voter registration rolls • Keeper of the state seal • Why might this position be appointed (rather than elected)? Plural Executives & the Division of Executive Power • Prevents one individual from holding too much power • But lack some advantages of stronger, unitary executives • Issues & problems: • Lack of energy in administration • Fragmented state-wide policy • Executive lobbying & increased interest group power...