9.1 The structure and function of the Texas state government
Last Updated on August 16, 2024
Texas government mirrors the federal system with three branches: executive, legislative, and judicial. Each branch has specific roles and powers, creating a system of checks and balances to prevent any one branch from becoming too powerful.
The Texas Constitution of 1876 outlines the structure and functions of state government. It defines the responsibilities of key officials like the Governor and Lieutenant Governor, and establishes the process for making laws through the bicameral legislature.
Texas Government Branches and Roles
Structure and Functions of Texas Government
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Railroad Commissioners regulate oil and gas industry
Despite name, focus on energy sector
Oversee pipeline safety and surface mining operations
Lawmaking Process in Texas Legislature
Bill Introduction and Committee Review
Bills introduced in either chamber of Legislature
Exception: revenue bills must originate in House
Bills assigned to committees for review
Committees hold public hearings
Experts and citizens can testify
Committees can amend bills
Make changes to address concerns or improve language
Committees vote to recommend bills to full chamber
"Do Pass" recommendation moves bill forward
Bills can die in committee if not recommended
Floor Debate and Voting Process
Bills reported favorably by committee placed on chamber calendar
Full chamber debates bill
Members can propose amendments
Chamber votes on amendments and final passage
Simple majority required for most bills
If bill passes one chamber, moves to other chamber
Undergoes similar process of committee review and floor votes
Bills must pass both chambers in identical form
Conference committees resolve differences between versions
Governor's Role in Lawmaking
Bills passing both chambers sent to Governor
Governor has three options:
Sign bill into law
Veto bill (return to Legislature with objections)
Allow bill to become law without signature after 10 days (20 days after session ends)
Vetoed bills can be overridden by Legislature
Requires two-thirds vote in both chambers
Some bills become law without Governor's signature
Occurs if Governor takes no action within specified time
Key Terms to Review (24)
Annexation of Texas: The annexation of Texas refers to the formal incorporation of the Republic of Texas into the United States as the 28th state on December 29, 1845. This significant event was driven by various factors including the desire for territorial expansion, the influence of Manifest Destiny, and the economic and social dynamics of the time, ultimately affecting immigration patterns, state government structure, and local governance within Texas.
Texas Revolution: The Texas Revolution was a rebellion from October 1835 to April 1836 in which American settlers in Texas fought for independence from Mexico. This conflict marked a significant turning point that led to the creation of the Republic of Texas and influenced various aspects of Texas's political, economic, and social landscape.
Railroad commissioners: Railroad commissioners are elected officials in Texas responsible for regulating the state's railroads and other transportation industries. This role includes overseeing safety, service quality, and rates charged by rail companies, reflecting the importance of transportation infrastructure in economic development and public safety.
Attorney general: The attorney general is the chief legal officer of the state, responsible for representing the state in legal matters and providing legal advice to the government. This role includes overseeing the state's legal interests, enforcing laws, and ensuring justice within the state's judicial system.
Agriculture Commissioner: The Agriculture Commissioner is a state official responsible for overseeing the agricultural industry and enforcing regulations related to farming, food production, and land use. This role is crucial in Texas, where agriculture plays a significant part in the economy and daily life, ensuring that food safety standards are met and that farmers receive the support they need to thrive.
Home rule cities: Home rule cities are municipalities that have been granted the power to govern themselves and create their own local laws, as long as they do not conflict with state laws. This designation allows cities with a population of over 5,000 to adopt a charter that establishes their own government structure and regulations, providing them with significant autonomy in managing local affairs and addressing community needs.
Land commissioner: The land commissioner is an elected official in Texas responsible for managing state lands and overseeing the distribution of public lands for various uses, including agriculture, recreation, and conservation. This role connects to the broader structure of the Texas state government, as it emphasizes the management of natural resources and public assets critical to the state's economy and environment.
Unicameral legislature: A unicameral legislature is a legislative body with a single chamber or house responsible for making laws. This system contrasts with a bicameral legislature, which has two separate chambers. In the context of governance, a unicameral system can lead to more efficient lawmaking, as there are fewer hurdles and less time spent in negotiation between different legislative bodies.
Edgewood ISD v. Kirby: Edgewood ISD v. Kirby is a landmark case decided by the Texas Supreme Court in 1993 that addressed the issue of equitable funding for public schools in Texas. The court ruled that the state's public school finance system was unconstitutional as it violated the Texas Constitution's mandate for a free and adequate public education, highlighting disparities in funding among school districts.
Comptroller of public accounts: The comptroller of public accounts is a key financial officer in the Texas state government responsible for overseeing the state's finances, including tax collection, budget management, and financial reporting. This position plays a vital role in ensuring transparency and accountability in how state funds are managed and spent, reflecting the broader structure of Texas state governance.
Redistricting: Redistricting is the process of redrawing the boundaries of electoral districts to ensure that each district has roughly equal populations, maintaining fair representation in legislative bodies. This process is typically undertaken after the decennial census, and it has significant implications for the political landscape, affecting how communities are represented in government and how elections are conducted.
Electoral process: The electoral process is the method by which voters select their representatives and decide on various measures through elections. This process encompasses various steps, including voter registration, candidate nomination, campaigning, voting, and the counting of ballots. In Texas, the electoral process is crucial for ensuring that citizens have a voice in government and that officials are held accountable to the electorate.
Roe v. Wade: Roe v. Wade was a landmark 1973 Supreme Court case that established a woman's legal right to have an abortion under the right to privacy, which is inferred from the Due Process Clause of the 14th Amendment. The decision has had profound implications for state laws and reproductive rights, significantly impacting the structure and function of government at both state and federal levels.
Veto power: Veto power is the constitutional authority given to a political leader, usually the executive branch, to reject legislation or decisions made by the legislative branch. In Texas, this power allows the governor to prevent a bill from becoming law, reflecting the system of checks and balances designed to limit governmental overreach and protect against hasty legislation.
Lawmaking process: The lawmaking process refers to the series of steps through which proposed legislation is developed, debated, and enacted into law within a legislative body. This process involves several key stages, including introduction, committee review, floor debate, voting, and ultimately receiving executive approval. Each stage serves to ensure that proposed laws are thoroughly considered and refined before becoming part of the legal framework.
Bill of rights: A bill of rights is a formal declaration of the legal and civil rights of the citizens, usually embedded within a constitution or other foundational legal document. It serves to protect individuals from government overreach and ensures fundamental freedoms, reflecting essential democratic values. In the context of Texas, the bill of rights is critical in outlining the rights of individuals within both the Texas Constitution and during the period of the Republic of Texas, emphasizing the importance of liberty and justice.
House of Representatives: The House of Representatives is the lower chamber of the Texas Legislature, responsible for creating laws, representing the interests of the citizens, and overseeing state governance. It plays a crucial role in the legislative process, working alongside the Senate to pass bills and budgetary measures that impact the state. The House consists of elected officials who serve two-year terms, allowing for a responsive and accountable government.
Texas Constitution: The Texas Constitution is the fundamental legal document that outlines the structure, powers, and functions of the Texas state government and its local governments. This constitution establishes the framework for governance, detailing the rights of citizens, the organization of state institutions, and the relationship between state and local entities. Its provisions directly impact how state and local governments operate within Texas.
Lieutenant governor: The lieutenant governor is an elected official in the Texas state government who serves as the second-highest executive officer and acts as the presiding officer of the Texas Senate. This position plays a crucial role in the legislative process, overseeing Senate procedures, making key appointments, and serving as a key advisor to the governor. The lieutenant governor's powers and responsibilities make it one of the most significant positions in Texas politics, directly influencing state policy and governance.
Texas Senate: The Texas Senate is the upper chamber of the Texas Legislature, responsible for creating laws and representing the interests of Texans. Comprising 31 members, each elected for a four-year term, the Texas Senate plays a vital role in the legislative process, including reviewing and voting on bills passed by the Texas House of Representatives. It also has specific powers such as confirming gubernatorial appointments and conducting impeachment trials for certain state officials.
Legislative branch: The legislative branch is the part of government responsible for making laws, representing the interests of the public, and overseeing government functions. In Texas, this branch is bicameral, consisting of the House of Representatives and the Senate, which work together to create, amend, and repeal laws that govern the state.
Governor: The governor is the chief executive officer of the state of Texas, responsible for enforcing state laws and overseeing the administration of state government. This role includes significant powers such as vetoing legislation, calling special sessions of the legislature, and appointing various state officials. The governor's actions and decisions significantly influence the state's political landscape and its governance.
Judicial branch: The judicial branch is the part of government responsible for interpreting laws, ensuring justice, and resolving disputes. In Texas, it plays a crucial role in maintaining the rule of law, protecting individual rights, and upholding the state constitution, functioning independently from the executive and legislative branches.
Executive branch: The executive branch is one of the three main branches of government responsible for enforcing laws and administering public policy. In Texas, it is headed by the governor, who plays a key role in shaping state legislation and overseeing the various departments that manage day-to-day operations of state government.