Texas Government Ch. 8-10

Governer's appointments & tries the impeached

Iniate legislation to raise taxes & impeachment

Concur before bills can pass/ two-third vote to propose constitutional amendments/ two-third vote to override a governer's veto

Every other year in odd calendar years beginning on 2nd tuesday in Janurary/ 140 day session

House= 150 Senate=31/ Salary= $600 a month (7,200 yearly)

Speaker= Representative picked by house members & has power to assign chairs, members, & bills to committees/subcommittees. Lieutenant Governer= Elected statewide for a 4-year term & senate picks successor if office becomes vacant & has power to help schedule bills for debate; recognize members for debate; rule of points on order, interpret rules and vote. Serve on & appoint people to the Legislative Budget Board (LBB) & the Legislative Redistricting Board (LRB).

Standing Committee= A permanent Committee. Interim Committee= A committee established to study a particular policy issue between legislative sessions, such as higher education or public school finance. Select Committee= A committee that is established for a limited period of time to address a specific problem.

1. Introduction 2. Committee Action 3. Floor Action 4. Conference Committee Action 5. Action by the Governor (3 options)

Bill=A proposed law Mark up=The process in which legislators go over a piece of legislation line by line to revise, amend, or rewrite it. Fiscal Note=An analysis indicating a legislative measure's cost to state government, if any.

Two-thirds rule=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. Conference committee-A special Committee created to negotiate differences on similar pieces of legislation passed by the House and Senate. Veto=an action in which the chief executive of a state or nation refuses to approve a bill passed by the legislature.

Vote based on whether legislators kept their word

Qualifications = American citizen, TX resident for 5 years preceding election, & at least 30 years old. Background = Mostly lawyers or business executives Official Length of term-Elected for 4 years (1972 amendment). 2 states (NH & VT) elect governors for 2 years Governor's salary is $150,000

Legislative Powers-State of the State address, Veto, Line-item veto (refuse items on appropriations bill), & Special Sessions Appointive Powers-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

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) Line-item veto & Budget execution authority

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

Lieutenant Governor (David Dewhurst)-Senate Presiding Officer; LBB; & LRB Attorney General (Greg Abbott)-Represent TX in court & attorney general's opinion

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

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

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

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.

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

Criminal Case-A legal dispute dealing with an alleged violation of penal law Burden of Proof-The legal obligation of one party in a law suit to prove its position to a court. Civil case-A legal dispute between two or more parties - individuals, corporations, or government agencies.

Litigants-The parties in a lawsuit Trial-The formal examination of a civil or criminal action in accordance with law before a single judge who has jurisdiction to hear dispute. Appeal-the taking of a case from a lower court to a higher court by the losing party in a lower court decision 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.

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

Class A & B misdemeanors & Civil ($200-$5,000). Appeals (JP & MC) & Probate (wills, guardianship, & mental

District-Criminal = Felony (drugs, burglaries, thefts, & assaults). Civil ($200 or more) = Family (divorce/child custody); personal injury; tax; debts. Appeals (county) = Probate & mental competency.

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

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

Partisan election

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)

Merit selection-A method for selecting judges that combines gubernatorial appointment with voter approval in a retention election. Straight ticket ballot-Voters selecting the entire slate of candidates of one party only.