Exam 2 - Texas Government (Chp. 7 - 9) [GOVT 2306]

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Texas Executive Branch

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Texas Executive Branch

System in which executive power is divided several statewide elected officials

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Line-Item Veto

The ability of a governor to vote part of an appropriations bill without vetoing the whole bill

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Requirements for Governor of Texas

30 years of age, a citizen of the United States, and a resident of the state for five years preceding election

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Attorney General of Texas

Serves as the legal counsel to the governor, the legislature, and most of the state government

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Gubernatorial Succession

Lieutenant governor, president pro tempore of the Texas Senate, the speaker of the house, and the attorney general

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Texas Railroad Commission

State agency with regulation over some aspects of transportation and the oil and gas industry of the state.

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Comptroller of Public Accounts

Chief tax collector and investor of state funds; the chief tax collector, revenue forecaster, and investor of state funds 

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Texas Secretary of State

Chief election official and keeper of state records; appointed by the governor 

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9

Commissioner of Agriculture

The TDA has the dual, and sometimes contradictory, roles of promoting agricultural products and production and regulating agricultural practices while also protecting the public health from unsafe agricultural practice.

  • Protect public health and promote Texas agriculture

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10

Land Comissioner

Elected official responsible for administration and oversight of state-owned lands and coastal lands extending 10.3 miles into the Gulf of Mexico

  • Manages texas land; coastal land (makes money by renting texas land to the oil company)

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State Board of Education

TEA is responsible for the oversight of public primary and secondary education in the state of Texas involving both over 1,000 individual school districts in the state as well as charter school

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Formal/Official VS Informal powers of the Governor

Appointing people for jobs based on same interest/values/beliefs

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Governor’s power of veto

Official say; 20 days to determine whether to sign bill, it automatically becomes law even without sign

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Legislative Budget Board

State agency that is controlled by the leadership in the state legislature and that writes the state budget

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Problems of the Texas Executive Branch

Decentralized and spread out that governor doesn’t have any real control over it

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Plural Executive System

System in which executive power is divided several statewide elected officials

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Pardon

A remission or cancellation of the legal consequences of an offense or conviction

  • Face what you did without the legal punishment

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Clemency through reprieve

Act by an executive member of government of extending mercy to a convicted individual. Reprieves or commuting sentences

  • Giving you more time

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Parole

The provisional release of a prisoner who agrees to certain conditions prior to the completion of maximum sentence period

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Probation

You don’t have to go to jail; instead the government monitors you for a period of time

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Texas Bureaucracy

Almost 200 separate entities, each following its own path of endeavor, often oblivious to the goals and ambitions of other (often companion) agencies (Enforce/carry out law)

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22

How can the Texas Bureaucracy be described?

They know whats going on but it isn’t their problem

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Problems concerning Texas Bureaucracy?

  • Problem with control

  • Have more power over elected officials

  • Own little world

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How Texas Bureaucracy held accountable to the people and elected officials?

Sunshine laws (freedom of information) and Sunset legislation

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Sunset Advisory Commission

Agency responsible for making recommendations to the legislature for change in the structure and organization of most state agencies 

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What law does Texas have to help the public keep track and watch the bureaucracy and government of Texas?

Open-meeting laws (Laws that require most records kept by gov to be open to the public)

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Administrative discretion

Allows Bureaucrats to use their own judgement as to how the laws will be carried out

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Clientele group

The cornerstone of an agency’s political clout is the relationship with its interest group (mutually beneficial - similar goals and interests)

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Iron Triangle

A small and informal but relatively stable set of bureaucrats, legislators, and lobbyists who seek to develop policies beneficial to a particular interest

  • Benefit all (mutual reinforcement) B - leg - elites

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30

According to the text, a stronger chief executive with more supervisory control would be _____

Positive; more ability to hire (give more responsibility) but make the system more accountable; hold someone accountable

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Oversight and whistleblowers

Police Patrol Oversight and Fire Alarm Oversight

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32

Regulatory Capture (Cooptation)

A situation in which bureaucrats favor the interest of the groups or corporations they are supposed to regulate at the expense of the general public

(Bureaucrats use power to help the companies they’re supposed to protect the people from)

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33

The 3 principles of Bureaucracy are?

Hierarchical Authority, Job Specialization, and Formalized Rules

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Hierarchical Authority - Principles of Bureaucracy

Chain of compand - everyone had a boss

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Job Specialization - Principles of Bureaucracy

Defined jobs and a precise division of labor.

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Formalized Rules - Principles of Bureaucracy

Established procedures and regulations by which a bureaucracy conducts its operations  (There’s always a rule for something/everything)

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Bureaucratic drift

Bureaucrats tendency to implement policies in a way that favors their own political objectives rather than following the original intentions of the legislation

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Regulations

Rules

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Red Tape

Excessive or unnecessary complex regulations imposed by bureaucracy

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Texas Judiciary

The role of the courts in that they resolve individual conflicts by interpreting and enforcing existing rules and laws

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Precedent

A legal norm established in court cases that is then applied to future cases dealing with the same legal questions

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42

Civil Law vs Criminal Law

Responsibility vs Committed a crime

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43

What is one of the main dilemmas faced by Texas due to electing judges through political campaigns?

People want out of the court's fairness (neutral and above politics) and responsiveness to the public

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The Texas Supreme Court

Civil

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The Court of Criminal Appeals

Criminal

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46

What is the most important difference between trial and appellate courts

Guilt or innocent (facts of case) vs if law was carried out correctly

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47

Trial Juries vs Grand Juries

If there should be trial vs outcome

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Indictment

Formal charge from grand jury

  • Grand Jury says there’s enough evidence to send them to court for trial

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Partisan election

Method used to select all judges (except municipal court judges) in Texas by using a ballot in which party identification is shown

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Nonpartisan elections

Non political parties envolved

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Felonies vs Misdemeanors

More than a year (major) vs less than a year (minor)

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A court with “Original Jurisdiction”?

Extends to all criminal misdemeanors where the fine allowed exceed $500 or jail term may be imposed.

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Pros and Cons of electing judges and judicial elections?

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Plea bargain

Before going to court, government tells if you plea guilty, you’ll be charged with a lesser sentence

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Public Utility Commission

Regulates the state's electric, telecommunication, and water and sewer utilities, implements respective legislation, and offers customer assistance in resolving consumer complaints.

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Probate courts

Probates the wills of deceased person, declares the heirs od deceased persons who die without a will, established guardisnship for incapacitated persons and minors

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Comptroller of Public Accounts can directly or indirectly be responsible for all things dealing with state money, especially when budget being determined by _______________

Legislature

  • “Pass bills giving me what I want, or I won’t give you money to do what you want” 

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58

What are the 3 categories of duties (TX secretary of state)

Elections, record keeping/information management, and in international protocol

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59

The land commissioner’s office is responsible for _____________

Leasing state lands generating funds from oil and gas production Responsible for maintaining the environmental quality of the state’s open beaches along the Gulf Coast. 

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60

How is “threat of veto” beneficial to governor?

Threat of veto also powerful. Use to veto to make legislature negotiate with him more, helps him get more of what he wants.

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Open-meeting laws

Law requiring that meetings of government bodies at all levels of gov be open to the general public with some exceptions.

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Bureaucracy .

The system of civil servants and political appointees who implement legislative and state decisions; also known as the administrative state.

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Regulation

A rule that allows the gov to exercise control over individuals and corporations by restricting certain behaviors

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64

Who is head of the Executive Branch?

The governor

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Who were the two female governors in Texas History?

Ma Ferguson (20s-30s) and Ann Richards (90s)

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Has there ever been a Hispanic governor?

No, but Greg Abbort is the first Catholic

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Who appoints the Chief election official and keeper of state records? (Secretary of State) .

The governor .

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68

Military powers

Powers giving the governor the right to use the National Guard in times of natural disaster or civil unrest

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The governor has unlimited authority over budget execution

False, very limited

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Judicial Powers

The ability of a governor to issue pardons, executive clemency, and parole of citizen convicted of a crime

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Crisis manager

The expectation that the governor will provide strong leadership in times of a natural or man-made disaster

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Intergovernmental coordinator

The expectation that a governor coordinates activities with other state gorvernments

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73

What does “going public” mean?

Governor uses bully pulpit to bring attention to the issues and policies he feels are most important

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74

The governor is the most visible officeholder in the state and can command the attention of the news media, holding press conferences and announcing new decisions on policy issues.

True, a message from a member of the governor’s staff to a state agency is taken seriously.

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75

Often a negative Attorney General opinion will kill a bill’s chance of passing

True

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76

State capacity

The knowledge, personnel, and institutions that the gov requires to effectively implement policies

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Standard operating procedures

Rules that lower-level bureaucrats must follow when implementing rules.

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Bureaucrats: Power of control

A difficulty faced by elected officials in ensuring that when bureaucrats implement policies, they follow these official’s intentions but still have enough discretion to use their expertise

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Because bureaucrats know things that elected officials do not and because bureaucrats have their own policy goals, it is hard for elected officials to evaluate what bureaucrats are doing

True

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80

Privatization

The hiring of private contractors to carry out government programs, functions, and services

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81

Contract spoils/Contract patronage

A practice in which politicians award contracts to their political supporters and contributors in the business community. AKA “crony capitalism

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82

The Grand jury consist of

12 citizens who usually serve a three month term

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83

The grand jury considers evidence brought before it by the prosecutor and decides if there is enough evidence to warrant a trial

True

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84

Trail juries are

Panels of citizens who determine the truth or falsehood of claims and guilt or innocent

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85

Iron Triangle: Special interest relation to Legislature

Special interest give money while Legislature is laws and politics

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Iron Triangle: Special interest relation to Bureaucrats

Special interest gives information/ expertise (cheerleading) while Bureaucrats give rules and regulations

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Iron Triangle: Legislature to Bureaucrats

Legislature gives tasks, function, and money while Bureaucrats carry out the laws

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