The State of Texas: An Overview of Government and Politics

The State of Texas Chapter 3 (The Texas Legislature) Ways Texas is like the U.S. federal government: ​ Three Branches: Texas has executive, legislative, and judicial branches, just like the federal government, ensuring a separation of powers. ​ Checks and Balances: Each branch has me...

The State of Texas Chapter 3 (The Texas Legislature) Ways Texas is like the U.S. federal government: ​ Three Branches: Texas has executive, legislative, and judicial branches, just like the federal government, ensuring a separation of powers. ​ Checks and Balances: Each branch has mechanisms to check the others, preventing any one branch from becoming too powerful. ​ Constitution: Texas has its own constitution, much like the U.S. Constitution, which outlines the structure and powers of the government. ​ Bicameral Legislature: Texas has a House of Representatives and a Senate, similar to the U.S. Congress. Ways Texas is different from the U.S. federal government: ​ State Sovereignty: Texas operates under its own constitution and has significant autonomy in governing itself, as long as it abides by federal law. ​ Plural Executive: Unlike the U.S., where the president holds significant executive power, Texas has a plural executive, meaning several independently elected officials (like the governor, lieutenant governor, attorney general) share executive authority. ​ Biennial Legislature: Texas lawmakers meet only once every two years, whereas the U.S. Congress meets year-round. ​ Judicial System: Texas has two high courts—the Texas Supreme Court (for civil cases) and the Texas Court of Criminal Appeals (for criminal cases)—unlike the single U.S. Supreme Court. ​ Unique State Powers: Texas controls certain issues more independently, such as its approach to education, property taxes, and business regulations. Legislature: -House and Senate (bicameralism) -House (150 members): 2 year terms, min. 21 years old, no term limits -Senate (31 members): 4 year terms, min. 26 years old, no term limits -These numbers are small relative to the population of Texas. -The Texas Legislature is a part-time legislature. -Meets for one regular session every other year! (Years ending in odd numbers: 2021, 2023, 2025, etc.) -Session lasts 140 days, then ends. (sine die) -This means the Legislature must work round-the-clock when they are in session. -Governor can call special sessions—typically 3 or 4 of these are called. (Why call these?)The Governor of Texas can call special sessions when urgent matters need legislative attention outside the regular session. ​ Unfinished Business: If important bills or issues weren't resolved during the regular legislative session, the governor may call lawmakers back to tackle them. ​ Emergencies: Natural disasters, economic crises, or urgent public safety concerns may require immediate legislative action. ​ Policy Priorities: A governor might want to advance specific policies—such as tax reform, education funding, or border security—that weren't addressed or passed during the regular session. ​ Court Rulings: If a legal ruling affects state law, legislators might need to revise laws to comply with new judicial decisions. Each special session lasts up to 30 days, and only the governor decides the agenda. Lawmakers can only consider topics the governor outlines. Texas has a part-time legislature because of the state's deep-rooted political culture, which prioritizes limited government, individual liberty, and fiscal conservatism. This setup traces back to the 1876 Texas Constitution, which was written in response to Reconstruction-era governance. The framers of the Constitution were suspicious of centralized power, wanting a government that was restricted in its ability to intervene in citizens' lives. Key Difference: ​ The U.S. Constitution was written to establish a strong federal system, while Texas' Constitution was written to restrict government power and decentralize authority. ​ The U.S. system is more adaptable through interpretation, while Texas' Constitution requires frequent amendments to adjust to changing times. Texas’ government shares key similarities with the U.S. federal system, including three branches, checks and balances, a bicameral legislature, and a constitution. However, it differs in significant ways: Texas has a plural executive, meaning power is divided among multiple officials rather than centralized in one leader. The legislature meets only every two years, reinforcing Texas' tradition of limited government and individual autonomy—values deeply rooted in the 1876 Constitution, which sought to restrict government power after Reconstruction. This part-time legislature means Texas lawmakers often rely on special sessions called by the governor to address urgent or unfinished business. Texas also ranks low in legislative professionalism, with low pay, limited staff, and a reliance on lobbyists, ensuring lawmakers maintain outside careers while serving. Overall, Texas’ government reflects a historical skepticism of centralized power, embracing local control, fiscal conservatism, and independence—themes that still shape modern politics. Texas' legislature does not fully reflect the diversity of its population due to economic barriers, political structures, and career constraints. Many lawmakers are older, wealthier professionals, making it harder for younger, working-class, or minority Texans to enter the system. The low salary ($7,200 per year) discourages long-term service, leading to frequent turnover. Legislators often leave after a few terms due to financial limitations, minimal retirement benefits, intense workloads, and opportunities in lobbying or private sector jobs. This high turnover impacts policy consistency, requiring lawmakers to quickly adapt to the system. Texas’ political culture of limited government and citizen-legislators reinforces these trends. Reapportionment & redistricting: Must be done, just like US Congress, every 10 years. Q: Why is this not an easy process? A: Opportunity for political gerrymandering and racial gerrymandering. Gerrymandering can be legally permissible under certain circumstances. The Supreme Court case Hunt v. Cromartie (1999) ruled that while racial gerrymandering is unconstitutional, political gerrymandering can be allowed if it is based on political reasons rather than race. In the first half of the 1900s, rural areas were often overrepresented in legislatures because many states did not update their legislative districts to reflect population changes. This issue was addressed in cases like Baker v. Carr (1962), which ruled that unequal representation violated the Equal Protection Clause of the Fourteenth Amendment. The Supreme Court case Reynolds v. Sims (1964) mandated "one person, one vote" for all state legislatures, requiring districts to be based on population. This is ironic because the U.S. Senate, the upper chamber of the federal government, gives each state two senators regardless of population. This contrasts sharply with the population-based representation required at the state level, reflecting a historical compromise to balance power between states in the federal system. The Texas Legislature has three main functions: lawmaking (through bills that become law after passing both chambers and the Governor), impeachment (initiated by the House and requiring a two-thirds Senate vote for removal, rarely used due to the high threshold and political implications), and oversight (partially outsourced to the Sunset Advisory Commission, which reviews state agencies for efficiency). Bills propose laws, while resolutions express opinions or decisions without the force of law. The Republican Party currently controls both the House and Senate. Despite this majority, the speakership can be controversial due to internal ideological divisions, power dynamics, and the significant influence of the Speaker. Functions of the Texas Legislature 1.​ Lawmaking – The Legislature is responsible for passing laws that govern the state. This process involves drafting, debating, and voting on bills in the House of Representatives and Senate. Once a bill passes both chambers, it must be signed by the governor to become law.  2.​ Impeachment – The Legislature has the authority to impeach state officials, including the governor, judges, and other high-ranking officials. The Texas House initiates impeachment proceedings by bringing charges, and the Senate holds a trial to determine removal. 3.​ Oversight – The Legislature monitors government agencies and ensures they operate efficiently and lawfully. This includes reviewing agency budgets, policies, and activities, often through legislative committees. Bill vs. Resolution ​ A bill is proposed legislation that, if passed, becomes law. ​ A resolution expresses the Legislature’s opinion or stance on an issue, often recognizing individuals, events, or policy positions, but does not carry the force of law unless it is a joint resolution proposing a constitutional amendment. Impeachment Process & Its Rarity in Texas 1.​ The House of Representatives votes to impeach, requiring a simple majority. 2.​ The Senate then conducts a trial, needing a two-thirds vote to convict and remove the official. 3.​ If convicted, the official is permanently removed and cannot hold state office again. Impeachment is rare in Texas primarily due to its strong executive power structure and political hesitancy to pursue such drastic action. Sunset Advisory Commission & Legislative Oversight The Sunset Advisory Commission reviews state agencies to determine if they should continue operating, be restructured, or be abolished. The Legislature outsources oversight to this commission because it provides a structured, independent review process that ensures agencies remain effective and accountable without requiring lawmakers to spend excessive time conducting evaluations themselves. Party Control of the Legislature As of today, the Republican Party holds majorities in both the Texas House and Senate. Controversy Around the Speakership Despite Republican dominance, speakership battles arise due to divisions within the party. Some conservatives argue that past Republican speakers have relied on Democratic support, leading to disputes over leadership choices and legislative priorities. The State of Texas Chapter 4 (The Executive Department and the Office of the Governor in Texas) -Formal qualifications: 30 years old, 5 years a state resident, US citizen. -Term: 4 years (was 2 years until 1975), no term limits. From Reconstruction to 1979, Texas governors were predominantly Democrats due to the state's alignment with the Democratic Party during and after the Civil War. These Democrats were often conservative, reflecting the state's traditional values and resistance to federal intervention. They were sometimes referred to as "Southern Democrats" or "Dixiecrats," emphasizing their focus on states' rights and opposition to civil rights reforms. The brief period of two-party competition emerged as the Republican Party gained traction in the 1970s, fueled by national shifts in political ideology and the appeal of conservative policies. This transition marked the beginning of Texas's eventual shift to Republican dominance. -Then: brief period of two-party competition. -Then: Republican dominance beginning in 1990s. -Today, governors are serving for longer than ever (Perry: 15 years, Abbott: could be 16). -Q: But, despite the media image, how powerful is the governor of Texas really? A: Not all that powerful. 2.4 / 5 Texas has a plural executive system, meaning that many executive branch officials are elected independently by voters rather than being appointed by the governor. This structure fragments power within the executive branch, ensuring that no single individual—like the governor—has centralized control. Texas’s plural executive system ensures that many high-ranking officials are elected separately rather than being appointed by the governor. Here’s a breakdown of their roles: 1.​ Lieutenant Governor – Presides over the Texas Senate, controls the legislative agenda, and plays a significant role in shaping state policy. Considered one of the most powerful positions in Texas politics. 2.​ Attorney General – Serves as the chief legal officer of the state, representing Texas in legal matters and overseeing consumer protection, child support enforcement, and lawsuits involving state agencies. 3.​ Comptroller of Public Accounts – Manages state finances, oversees tax collection, and provides revenue estimates that influence the state budget. 4.​ Commissioner of the General Land Office – Oversees public lands, manages oil and gas revenues from state-owned land, and administers veterans' land programs. 5.​ Commissioner of Agriculture – Regulates the agriculture industry, promotes Texas products, and oversees consumer protection measures related to food safety andweights/measures. 6.​ Railroad Commission – Despite its name, it does not regulate railroads! It oversees oil and gas production, mining, and pipeline safety, making it crucial to Texas’s energy sector. 7.​ State Board of Education – Sets policies for Texas public schools, including curriculum standards, textbook selection, and graduation requirements. 2. Their tenure of office. a. This one actually strengthens the office a bit. 3. Their weak appointment powers. 4. Their [lack of] budgetary powers. 5. Their veto power. Why is the veto rarely used? 1.​ Strong Legislative Influence – The Texas Legislature is only in session for 140 days every two years, meaning lawmakers work hard to ensure bills already have broad support before reaching the governor’s desk. This reduces the likelihood of veto-worthy legislation. 2.​ Legislative Override Challenge – Texas does not allow a post-adjournment veto override (once the Legislature is out of session, it can’t vote to overturn the governor’s veto). This makes the veto a powerful tool but also means lawmakers try to avoid getting bills rejected in the first place. Recent Republican governors in Texas have faced tension within their own party due to ideological divisions. While the governors often represent a more pragmatic or moderate approach to governance, factions within the Republican Party—particularly more conservative or far-right groups—have pushed for stricter adherence to their policy priorities. This has led to disagreements over issues like budget allocations, social policies, and the balance of power between state and local governments. The State of Texas Chapter 5 (The Court System in Texas) Basic Legal Distinctions ​ Civil Law deals with disputes between individuals or organizations (e.g., contracts, property issues, family law). It typically seeks compensation or resolution rather than punishment. ​ Criminal Law involves cases where the government prosecutes individuals for offenses against society (e.g., theft, assault, murder). Punishments can include fines, imprisonment, or other sanctions. Grand Juries vs. Petit Juries ​ Grand Jury: Determines whether there is enough evidence to bring formal charges against a defendant. It does not decide guilt or innocence—only whether a case should proceed. ​ Petit Jury: The traditional trial jury that hears evidence and determines guilt or liability in both criminal and civil cases. Federal vs. State Courts Because of the federal system, both federal and state courts exist. Federal courts handle cases involving constitutional issues, federal laws, and disputes between states, while state courts primarily address local and state law matters. Texas’s Two Supreme Courts Unlike the U.S. Supreme Court, Texas has two high courts: 1.​ Texas Supreme Court: Handles civil appeals. 2.​ Texas Court of Criminal Appeals: Handles criminal appeals. This differs from the U.S. Supreme Court, which hears both civil and criminal cases. Ways to Choose Judges Judges can be selected in five ways: ​ Partisan Election (candidates run with party affiliation) ​ Nonpartisan Election (no party labels on ballots) ​ Missouri Plan (appointment followed by retention elections) ​ Appointment (selected by executive officials) ​ Election by Legislature (chosen by a vote in the state legislature) Judicial Selection in Texas vs. Federal Government ​ Texas uses partisan elections for selecting judges, meaning they run under political party labels. ​ Federal Judges are appointed by the President and confirmed by the Senate. Judicial Selection Methods: Pros & Cons Each method of selecting judges has advantages and disadvantages, especially in terms of competence, independence, and responsiveness:  1.​ Partisan Election (used in Texas) ○​ Pros: Judges are accountable to voters, increasing responsiveness to public concerns. ○​ Cons: Can prioritize political loyalty over competence; judges may lack independence due to campaign funding from special interests. 2.​ Nonpartisan Election ○​ Pros: Reduces overt political influence, promoting independence. ○​ Cons: Voters may have limited information about candidates, potentially affecting competence. 3.​ Missouri Plan (Merit-Based Appointment + Retention Elections) ○​ Pros: Promotes competence by selecting judges based on qualifications; retention elections ensure responsiveness. ○​ Cons: Retention elections often favor incumbents, which may limit accountability. 4.​ Appointment (Governor or Legislature) ○​ Pros: Ensures competence, as candidates are vetted; supports judicial independence. ○​ Cons: Judges may feel beholden to political leaders rather than the public, reducing responsiveness. 5.​ Election by State Legislature ○​ Pros: Ensures competence, as lawmakers select experienced candidates. ○​ Cons: Judges may align too closely with legislators, limiting independence. Judicial Removal in Texas A judge can be removed through: ​ Impeachment (very rare) – Requires legislative action. ​ Texas Commission on Judicial Conduct – Reviews judicial misconduct and can recommend removal.  ​ Elections (most effective) – Voters can remove judges who perform poorly or act unethically. The State of Texas Chapter 11 (Political Parties in Texas) Broad Strokes of Texas Partisan Allegiance ​ Civil War and Reconstruction: After the Civil War, Texas aligned with the Democratic Party, which represented Southern values and opposition to Reconstruction policies imposed by the federal government. This allegiance was rooted in resistance to Republican-led efforts to reshape the South. ​ Why Heavily Democratic?: The Democrats of this era were conservative, emphasizing states' rights, limited government, and traditional social structures. They were often referred to as "Southern Democrats" or "Dixiecrats." Shift Toward the GOP ​ Early Indications: The election of Senator John Tower in 1961 marked the first Republican victory in Texas since Reconstruction. Later, Governor Bill Clements's election in 1978 further signaled the growing Republican presence. ​ Solidifying Events: The election of Governor George W. Bush in 1994 and the Republican takeover of the state legislature in the late 1990s and early 2000s cemented Texas as a Republican stronghold. Prospects of Texas “Turning Blue”  ​ Demographic changes, including urbanization and increasing diversity, have fueled speculation about Texas shifting toward the Democratic Party. However, the 2024 election showed mixed results, with Republicans maintaining significant control but Democrats gaining ground in urban areas. The narrative remains uncertain, with both parties vying for influence. The State of Texas Chapter 10 (Campaigns and Elections in Texas) Ballot Design and Voting Outcomes 1.​ Party Column Format: Lists candidates by party, encouraging straight-ticket voting (voting for all candidates from one party). This format can benefit major parties. 2.​ Office Block Format: Lists candidates by office, making voters focus on individual races rather than party affiliation. This format can lead to more split-ticket voting. 3.​ Straight-Ticket Voting: Allowed voters to select all candidates from one party with a single mark. It was abolished in Texas in 2020, aiming to encourage more thoughtful voting. Challenges for Third-Party/Independent Candidates ​ High Thresholds: To qualify as a minor party, candidates must secure 5% of the vote in a statewide race. Major parties require 20%. ​ Ballot Access Rules: Strict requirements for petition signatures and filing deadlines make it difficult for third-party and independent candidates to compete.  ​ Active Minor Parties: Only the Green and Libertarian parties remain active in Texas politics. Ballot Design and Voting Outcomes 1.​ Party Column Format: Lists candidates by party, encouraging straight-ticket voting (voting for all candidates from one party). This format can benefit major parties. 2.​ Office Block Format: Lists candidates by office, making voters focus on individual races rather than party affiliation. This format can lead to more split-ticket voting. 3.​ Straight-Ticket Voting: Allowed voters to select all candidates from one party with a single mark. It was abolished in Texas in 2020, aiming to encourage more thoughtful voting. Challenges for Third-Party/Independent Candidates ​ High Thresholds: To qualify as a minor party, candidates must secure 5% of the vote in a statewide race. Major parties require 20%. ​ Ballot Access Rules: Strict requirements for petition signatures and filing deadlines make it difficult for third-party and independent candidates to compete. ​ Active Minor Parties: Only the Green and Libertarian parties remain active in Texas politics. Runoffs Texas requires candidates to win 50%+ of the vote in a primary to avoid a runoff. However, this rule doesn’t apply to general elections—e.g., Rick Perry won the 2006 general election with just 38% of the vote. Special Elections In the event of a vacancy in a state office, the governor can call a special election to fill the position. Early Voting in Texas Texas allows 17 days of early voting, but recent restrictions include: ​ Limiting voting hours. ​ Reducing the number of ballot drop-off locations. ​ Tightening rules for mail-in ballots. The State of Texas Chapter 8 (Public Opinion and the Media in Texas) The following is all I will require you to know from this chapter, because it contains a closing thematic question about the course as a whole: -Look at the five different ways of understanding public opinion: You do not need to memorize all five. But please know how someone might argue for and against the “fiction” thesis. (Think about the example in class of some voters’ ignorance re: bombing / accepting refugees from Agrabah. Does this example prove public opinion is a total fiction, or is there actually some kind of coherence here within a framework of factual confusion—perhaps people take their cues 7 from the way issues are framed, the way the media/elites present something, the way people expect their peers or fellow partisans to think, etc.).