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Practicing Texas Politics: A Brief Survey,
Eighth Edition
Lyle C. Brown, Baylor University
Joyce A. Langenegger, San Jacinto College, North Campus
et al.
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Chapter Outlines
- The political culture of Texas is both individualistic and traditionalistic. The individualistic culture is rooted in the state’s frontier experience and includes economic and social conservatism, strong support of personal politics, distrust of political parties, and minimization of parties’ importance. The traditionalistic culture grew out of the Old South, where policies were designed to preserve the social order, a one-party system developed, and the poor and minorities were often disenfranchised. Today, these two cultures can still be found in the values, attitudes, traditions, habits, and general behavior patterns of Texans and in governmental policies of the Lone Star State.
- With over 267,000 square miles of territory, Texas ranks second in size to Alaska among the 50 states. Cattle, cotton, and oil have at different times dominated the Texas economy and influenced the state’s politics. Today, Texas is a highly industrialized state in which high-technology products are of increasing importance.
- Texas has a rapidly growing population (about 21 million at the time the 2000 census was taken). More than 80 percent of all Texans live in the state’s most highly urbanized counties. The three largest groups are Anglos, Latinos (mostly Mexican Americans), and African Americans. Texas has a small but growing population of Asian Americans, but fewer than 70,000 Native Americans.
- Although the state’s petroleum industry has declined in importance, Texas has become a leading manufacturer of computers and other high- tech products. Agriculture continues to be important in the state’s economy but employs relatively few Texans. Service businesses provide many low-paying jobs.
- Challenges facing Texas are the need for measures that will more effectively address immigration, protect the environment, develop educational programs to meet the demands of an industrial society, and formulate policies for combating poverty and social problems.
Top- The American federal system features a division of powers between a national government and 50 state governments. Powers not delegated (nor implied, as interpreted by federal courts) to the federal government are reserved to the states or to the people under the Tenth Amendment. A balance of power between the national and state governments has evolved over time.
- The Texas Constitution is the fundamental law that sets forth the powers and limitations of the state’s government. Texas has had seven constitutions, each reflecting the political situation that existed when the document was drafted. The Constitution of 1876 has endured despite its excessive length, confusion, and statutory detail.
- Today’s Texas Constitution is the country’s second longest and, at the beginning of 2004, had 432 amendments. Most amendments are statutory in nature, so the document resembles a code of laws.
- Changing the Texas Constitution requires an amendment proposed by a two-thirds majority vote of the members in each legislative chamber and approved by a simple majority of the state’s voters in a general or special election. Although there have been efforts to revise the Texas Constitution, only piecemeal revisions have occurred.
- The Texas Constitution is composed of 17 articles. Included are the Bill of Rights, an article on suffrage, and provisions concerning the powers of state and local governments.
Top- There are two legal classifications of cities in Texas: general-law cities and home-rule cities.
- Large municipalities have home-rule charters that spell out the structures and powers of individual cities.
- Four principal forms of municipal government are in operation in Texas: strong mayor-council, weak mayor-council, commission, and council-manager.
- Nonpartisan state-mandated elections of city councils or commissions are key features of Texas politics.
- Two basic types of election systems operate in Texas municipalities: at-large systems and single-member district systems.
- County governments have organizational structures and powers restricted by the Texas Constitution. Counties provide an array of services, conduct elections, and enforce state laws.
- Policymaking is performed by various county officials, but primarily by the commissioners court, which includes a county judge and four elected commissioners.
- Multiple special-district governments are separate legal entities providing services that include public schools, community colleges, and mass transit systems.
- Metropolitan areas constitute the most formidable challenge for Texans trying to cope with rising property taxes and escalating needs for governmental service.
Top- Nearly every citizen over the age of 18 can vote. One area of concern is how few eligible voters choose to exercise this right. There are three types of elections: party primaries (held in even-numbered years to select party nominees), general elections (regularly scheduled elections to select government officials), and special elections (held at any other time for a variety of reasons). Local government and political party officials administer elections.
- Political parties serve two functions: administering party primaries and conducting party conventions. These are activities of the party’s temporary organization. The permanent party organization includes autonomous executive committees at the local, state, and national levels that direct party activities.
- Texas voters and political parties represent a variety of political ideologies, including conservatism and liberalism. The two major political parties are Republican and Democratic. A number of minor, or third, parties also often appear on general election ballots in the state.
- Historically, Texas was a one-party state, dominated by the Democratic Party following Reconstruction through the 1960s. Beginning in the 1970s and 1980s, the state moved toward a competitive two-party structure. In the 1990s and into the twenty-first century, however, it appears that the state is becoming a one-party state again, with the Republican Party in control.
- Recent elections reflect two major trends. The Republican Party now dominates statewide electoral contests. Democratic candidates are successful only in district and local races. Both major parties seek the support of minority voters: African Americans and especially Latinos, who are a rapidly expanding percentage of the state’s population.
- An increasing number of African Americans and Latinos have been elected to office in recent years at both state and local levels of government. African American voters consistently favor Democratic candidates. Latino voters, although tending to favor Democratic candidates, have given strong support to some Republican candidates such as George W. Bush.
- Gender-based politics became important during the final decades of the last century as women became more politically active and had a direct influence on public policy decisions. Candidates sought their support at the ballot box. More women were elected to office from 1990 to 2004 than the total number elected prior to that time.
- Political campaigns reflect the influence of the media (especially television), mudslide (negative) campaigning, and money. Both federal and state laws regulate campaign donations, with federal law requiring disclosure of donor information and limiting contributions. State law establishes reporting requirements. A possible solution to the influence of money on Texas politics is public funding of campaigns; until voters of the twenty-first century demand change, however, there is little likelihood this will happen.
Top- Interest groups act in the interests of their members to influence policy decisions made by government officials. There are various factors that foster interest group formation, such as legal and cultural reasons, a decentralized government and party system, as well as deemphasized ideologies.
- Involvement in an interest group provides members with information and opportunities to become active in the political process. Interest groups vary by organizational patterns, members, and leadership.
- Generally, all interest groups at all levels of government can be classified according to their interests, members, and the public policies they advocate.
- Interest groups are involved in all types and areas of political activity. They serve various functions, which include recruiting candidates for public office, shaping consensus on issues, and providing an outlet for concerned citizens.
- To influence policy decisions, interest groups use several techniques, which include lobbying, personal communication, favors and gifts, grassroots activities, electioneering, campaign financing by political action committees (PACs), and in extreme cases resorting to bribery and unethical practices.
- An eight-member Texas Ethics Commission is charged with enforcing legal standards for lobbyists and public officials.
- There are various ways to gauge an interest group’s potential for political influence, such as considering the group’s size of membership, financial resources, quality of leadership, and the degree of unity among members.
- Interest group participation influences public policy at all levels and within each branch (legislative, executive, judicial) of Texas government, and it allows all members to become a part of the political process.
Top- The Texas Legislature is composed of 31 senators elected for four-year terms and 150 representatives elected for two-year terms. Biennial regular sessions are limited to 140 days, and special sessions called by the governor are limited to 30 days. New legislative districts are drawn after each federal decennial census.
- Legislators must be U.S. citizens, qualified Texas voters, and residents
of their district for one year. Minimum Texas residence is one year for representatives and two years for senators. Minimum age is 21 for representatives and 26 for senators. A typical legislator is a white, Protestant, college-educated, middle-age male lawyer or businessman who has served in one chamber for more than one term. In 2003, Republicans outnumbered Democrats in both the House and the Senate.
- The lieutenant governor presides over the Senate, and the speaker presides over the House. They appoint committee members and name committee chairs and vice chairs for their respective chambers.
- Legislative caucuses are formed by legislators with common interests. There are party caucuses for Democrats and Republicans, racial/ethnic caucuses for African Americans and Mexican Americans, and ideological caucuses for conservatives and liberals.
- Constitutional provisions and rules of the House and Senate control the detailed process whereby a bill is passed in both chambers. The governor may sign a bill, allow it to become law without signing, or veto it. A veto kills a bill unless the veto is overruled by a two-thirds vote in each chamber.
- Although some steps have been taken to modernize the Texas Legislature, it remains largely a product of the nineteenth century and is unduly influenced by lobbyists.
Top- Since 1876 Texas governors have held a weak constitutional office.
- Principal among the governor’s prerogatives are extensive power to appoint members to the state’s multiple boards and commissions, along with a strong veto power in dealing with the Texas Legislature.
- All governors must share executive power with the lieutenant governor and four elected department heads: the attorney general, state comptroller, land commissioner, and agriculture commissioner.
- The secretary of state is the only gubernatorial appointed executive department head provided for in the Texas Constitution.
Top- The development, approval, and implementation of budgets by government agencies is political as defined by Harold Lasswell as “who gets what, when and how.”
- State employees are Texas’s largest work group.
- The state’s 200-plus agencies provide a variety of services to Texans including public and higher education, social services, and business regulation and promotion.
- Texas has one of the most regressive state tax systems in the United States because the Lone Star State relies so heavily on the sales tax and does not have a state income tax. Failure to tax Internet purchases and most services costs the state significant revenue.
- Texas operates with a “pay-as-you-go” budget.
- Each biennium, the Legislative Budget Board and the Governor’s Office of Budget, Planning, and Policy are required to prepare proposed budgets. Tax collection, investment of the state’s surplus funds, and overseeing management of the state’s money are all responsibilities of the comptroller of public accounts. The state auditor is responsible for examining all state accounts to ensure honesty and efficiency in agency spending of the state’s money.
- State revenue is used to provide services to the state’s residents. Most state money is used for public education (including higher education) and public assistance.
- Unfunded mandates and devolution are federal policies that are increasing spending at the state level.
Top- Public confidence in the judicial system is critical to its effectiveness.
- State law in Texas includes both civil law and criminal law. Texas courts and judges apply and interpret statutes and the common law.
- Both constitutional and statutory law have been used to create the state’s court system. Courts may have original or appellate jurisdiction, or both. There are local, county, trial, and appellate courts. Judges and lawyers are subject to regulation and discipline.
- There are two types of juries: grand juries (which determine if there is adequate cause to bring a defendant to trial in a criminal case) and petit juries (which determine the facts in criminal and civil cases).
- The civil justice system includes contract cases, tort cases, family law matters, and juvenile justice cases. Significant reforms have occurred in recent years in tort law, as the Texas Legislature has limited the amount of punitive damages in these cases.
- Criminal law regulates many types of behavior. Less severe crimes are classified as Class A, B, or C misdemeanors and result in fines or detention in a county jail. More severe crimes include state jail felonies; first-, second-, and third-degree felonies; and capital felonies.
- About 1 in every 21 Texans is under the supervision of a state judicial or correctional officer. The state’s prison system expanded rapidly as a result of the decision in Ruiz v. Estelle and the continuing oversight of Judge William Wayne Justice. There are also state felony jails, local government jails, and privately operated prisons. Many offenders are placed under community supervision or released on parole. Rehabilitation efforts include substance abuse counseling, education, and programs administered by religious groups. Felons who have served their time must overcome many barriers as they re-enter society.
- The juvenile justice system is administered through the Texas Family Code. Youths between the ages of 10 and 17 are subject to its provisions. In recent years, more juveniles have been placed in detention facilities operated by the Texas Youth Commission.
- Issues that remain problematic for the Texas justice system are crowded court dockets and the popular, partisan election of judges. Technological and scientific advances have had a significant impact on all aspects of the law in the Lone Star State. Possible racial and ethnic bias is an issue in many areas of the justice system.
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