List 2 sole powers of the Texas Senate and list 2 sole powers of the Texas House.
Senate = Governor's appointments & tries the impeached
House = Initiate legislation to raise taxes & impeachment
What are 3 main responsibilities shared by the Texas House and the Texas Senate?
Concur before bills can pass; ⅔ vote to propose constitutional amendments; & ⅔ vote to override a governor's veto
List the frequency and length of the regular sessions of the Texas Legislature.
Session Frequency
83rd Regular Session (2013-2015)
Every other year in odd calendar years beginning on 2nd Tuesday in January
Session Length
140 day session (January 8, 2013 - May 27, 2013)
Critics = Not give legislature time to do state's business.
Defenders = Force legislators to get down to business.
List the number of members of the Texas Legislature and list the salary of the members of the Texas Legislature
House=150
Senate=31
Compensation
Salary = $600 a month ($7,200 yearly).
Expense allowance = $150 daily ($21,000).
Pension = 2.3% of district judge pay for each year.
Retire = Age 60 (8 years) & age 50 (12 service years).
Get healthcare benefits as active members & retirees
List the main powers and responsibilities of the presiding officers of the Texas Legislature
Speaker = Representative picked by House members
Lieutenant Governor = Elected statewide for a 4-year term & Senate picks successor if office becomes vacant
Duties of Speaker & Lieutenant Governor
Assign chairs, members, & bills to committees/subcommittees.
Help schedule bills for debate; recognize members for debate; rule on points of order; interpret rules; & vote.
Serve on & appoint people to the Legislative Budget Board (LBB) & the Legislative Redistricting Board (LRB).
Define standing committee
A permanent Committee
List in order the 5 steps of the Texas legislative process
1. Introduction
2. Committee Action
3. Floor Action
4. Conference Committee Action
5. Action by the Governor (3 options)
Define bill
A proposed law
Define two-thirds
A procedure used in the Texas Senate requiring a two-thirds vote before a measure can be brought to the floor for debate and eventual passage.
In the traditional model of representation, how do citizens hold legislators accountable for keeping their promises?
Vote based on whether legislators kept their word
define mark up
The process in which legislators go over a piece of legislation line by line to revise, amend, or rewrite it.
define fiscal note.
An analysis indicating a legislative measure's cost to state government, if any.
define conference committee
A special Committee created to negotiate differences on similar pieces of legislation passed by the House and Senate.
define veto.
an action in which the chief executive of a state or nation refuses to approve a bill passed by the legislature
Interim committee
A committee established to study a particular policy issue between legislative sessions, such as higher education or public school finance.
select (special) committee.
Select, or special committee= A committee that is established for a limited period of time to address a specific problem
List the formal qualifications, official length of term, and official salary when it comes to the governor of Texas.
American citizen, TX resident for 5 years preceding election, & at least 30 years old.
/Mostly lawyers or business executives/Elected for 4 years (1972 amendment
What are the main legislative powers and main appointive powers of the governor of Texas?
State of the State address, Veto, Line-item veto (refuse items on appropriations bill), & Special Sessions
/3,000 appointments to 150 state boards & commissions.
Fills vacancies (state judges, U.S. Senate, & statewide offices).
⅔ vote of TX Senate to remove or confirm own appointees.
Senatorial courtesy
What are the main judicial powers and main budgetary powers of the governor of Texas?
Judicial Powers-Pardons & Paroles Board must recommend punishment.
Reprieve (postpone); Commutation (reduce); & Pardon.
Capital punishment (can give one 30-day reprieve)
Appoint state judges if they die, retire, or resign
Budgetary Powers-Office of Budget & Planning
Legislative Budget Board (LBB)
What are the key law enforcement and military powers, key ceremonial powers, key political party leadership responsibilities, and main administrative powers of the governor of Texas?
Law Enforcement and Military Powers-Public Safety Department (appoints 3-member board)
Texas Rangers & Texas National Guard
Ceremonial Powers (make public appearances)
Political Party Leadership-Speak out, appoint, & campaign for party members.
Administrative Powers-Plural executive & Executive order
List the main responsibilities of the lieutenant governor and list the main responsibilities of the attorney general
(David Dewhurst)-Senate Presiding Officer; LBB; & LRB/(Greg Abbott)-Represent TX in court & attorney general's opinion
List the main responsibilities of the comptroller of public accounts, the commissioner of agriculture, and the land commissioner
Comptroller of Public Accounts (Susan Combs)-Collects taxes; state banker; & estimate TX revenue
Commissioner of Agriculture (Todd Staples)-Weights/measures & School Lunch Program
Land Commissioner (Jerry Patterson)-Manage/lease land; PSF; & Veterans' Land Program
List the main responsibilities of the secretary of state, the commissioner of education, the adjutant general, and the commissioner of insurance.
Secretary of State (Esperanza Andrade)-Chief election officer = Application, implementation (operation), & interpretation of election laws.
Keeps agreements, reports, & records of state agencies
Commissioner of Education (Robert Scott)-Heads Texas Education Agency (TEA).
Adjutant General (Major General John Nichols)-Heads the Texas National Guard
Commissioner of Insurance (Eleanor Kitzman)-Heads the Department of Insurance
What are the main responsibilities of the Texas Railroad Commission and the main responsibilities of the State Board of Education (SBOE)?
The Railroad Commission (3 members get 6 years)-Regulates oil & gas (natural, utilities, & petroleum), pipeline transporters, & mining of coal & uranium.
Regulatory policies fall into 3 broad categories.
Allowable = Maximum permissible rate of production for oil & gas wells to prevent waste of natural resources.
Prorate oil production to conform to market demand.
Protect the rights of producers & royalty owners.
State Board of Education (SBOE)-Coordinates K-12 education activities & services.
15 members = Each in 15 districts to serve 4-years.
Invest PSF for ASF; set standards for teacher certification & school accreditation; approve curricula; & select textbooks
List the 6 different groups of agencies by form or function that have appointed commissions.
Administrative Departments (basic state functions)
College and University Boards (Board of Regents)
Licensing Boards (license & regulate professions)
Regulatory Boards-Rules; Rulemaking; & Global warming.
Social Service Agencies-Facilitate receipt of funds & promote interest of groups.
Promotional and Preservation Agencies-Promote economic development or preserve heritage.
In what ways do the legislature and governor oversee the state's administrative bureaucracy?
Legislative Oversight
Tools for controlling administrative policymaking.
Sunset review = Evaluation of agencies (operation & performance) to see if they should be re-authorized
Standing committees & Interim committee.
Legislative Budget Board (LBB)
Gubernatorial Oversight
Governor influences administrative policymaking.
Effective at times = Line-item veto & appointments.
Weak = Number of elected officials with staggered terms & the governor has weak removal powers
Define criminal case
A legal dispute dealing with an alleged violation of penal law
Define burden of proof
The legal obligation of one party in a law suit to prove its position to a court.
Define civil case
A legal dispute between two or more parties - individuals, corporations, or government agencies
Define litigants
The parties in a lawsuit
Define trial
The formal examination of a civil or criminal action in accordance with law before a single judge who has jurisdiction to hear dispute.
Define double jeopardy.
The constitutional principle that an individual may not be tried a second time by the same unit of government for a single offense if acquitted in the first trial.
Define appeal
the taking of a case from a lower court to a higher court by the losing party in a lower court decision
What types of cases do the Municipal Courts and Justice of the Peace (JP) Courts hear?
Municipal Court-City ordinances (laws enacted by city governing body)
Criminal ($500-$2,000 fines) & Civil (limited fines).
De novo (appeal to county) & Magistrates (judicial officers
Justice of the peace-Class C misdemeanors & Civil ($10,000 or less)
Property lien, & forcible entry & detainer suit
What types of cases do the 3 different types of County Courts hear?
Class A & B misdemeanors & Civil ($200-$5,000).
Appeals (JP & MC) & Probate (wills, guardianship, & mental
What types of cases do the District Courts and Courts of Appeals hear?
District-Criminal = Felony (drugs, burglaries, thefts, & assaults).
Civil ($200 or more) = Family (divorce/child custody); personal injury; tax; debts.
Appeals (county) = Probate & mental competency.
What types of cases do the Texas Court of Criminal Appeals and Texas Supreme Court hear?
Texas Court of Criminal Appeals-Court of last resort for all criminal cases in TX.
Writ of habeas corpus (explain why person is in custody
Texas Supreme Court-Court of last resort for all civil cases in TX.
Writ of mandamus (perform a specific act or duty
What is the length of term for judges of each of the 9 different types of courts in Texas?
Municipal courts- Two or four years depending on the city
Justice of the peace-Four years
Constitutional County-Four years
Statutory county-Four years
District courts-Four years
Courts of appeals-Six year overlapping terms
Texas Court of criminal appeals- Six years overlapping terms
Texas Supreme Court- Six year overlapping terms
What is the method of selection for judges of each of the 9 different types of courts in Texas?
Partisan election
What are the qualifications for judges of each of the 9 different types of courts in Texas?
Municipal (set by city), JP (voter), county (know TX law), statutory (law license), & district (2 year district resident & 4 year license law practice).
Appellate (age 35 & 10 year license law practice).
Define merit selection (the Missouri Plan)
A method for selecting judges that combines gubernatorial appointment with voter approval in a retention election.
define straight-ticket ballot
Voters selecting the entire slate of candidates of one party only.