TEXAS GOVERNMENT 2306

Unit 9

The Bureaucracy

The Executive Branch

That part of government that administers the law and

implements public policy

BUREAUCRACY:DUTIES & FUNCTIONS

1.      Implementation 

2.      Filling in the details 

3.      Provide information, research, advice 

4.      Disburse state funds

Bureaucratic ExpertiseThe Key to Their Power

Individual bureaucrats become experts in specialized area of administration

As experts, their advice (recommendations) carries weight with the Legislature & governor

Administration of the Law(filling in the details)

Administrative Law

when administrators interpret the law and

write rules and regulations for its enforcement. Administrative law defines the meaning of the law and determines its effect on special interests and the public

HOW BUREAUCRATS ARE HIRED

   Spoils System o    Hired on basis of political connections, party

loyalty, campaign donations, supporting winning candidate or party

o    No job security—can be fired for any reason

     Merit System (Civil Service System)

o    Hired on the basis of knowledge, expertise, education, qualifications

o    Take a competitive exam o Cannot be fired for political reasons

The Texas Bureaucracy

There is no single official in the Texas government who bears ultimate responsibility for the actions of the Texas bureaucracy

220 separate entities

300,000+ – bureaucrats (below nat’l average)

Megastates- Texas ranks 10th out of 15

Structure of the Cabinet System:The Ideal Bureaucratic Structure

Cabinet System-Strong Executive Structure

GOVERNOR

•Hires department heads•Fires department heads•Issues executive orders

Dept.Head

Dept.Head

Dept.Head

Dept.Head

Dept.Head

PLURAL EXECUTIVE(Weak Executive)

GOVERNOR•Hires only one department head•Most dept. heads elected by voters•No power to fire department heads

•No power to issue executive orders

Comptroller A. G.

Sec. ofState

LandComm.

Ag.Comm.

Voters

Structure of Texas Bureaucracy

The Megastates & Bureaucratic Size

State & Local Government Bureaucrats- 1980-1996

Government Employees: US & Texas

Elected Executives: The Attorney General

The lawyer for all officials, boards, and agencies in state government

Two major functions for the state: To give advisory opinions which determines

whether a law does or not violate the Texas or U.S. constitutions;

To represent the state and government in civil and criminal litigation

Elected Officials: the Comptroller

Chief tax collector and chief pre-audit accounting officer for Texas government (collects 31 different state taxes & sales tax for 1,239 local governments)

Revenue Forecaster Certifies the state’s approximate biennial revenue (state budget cannot exceed this amount)

Certifies the financial condition of the state at the end of each fiscal year

Elected Officials: The Commissioner of the General Land

Office Manages and collects rentals and leases (oil & gas $) for

state-owned lands

Awards oil, gas, sulphur, and other hard mineral leases for exploration and production on state land

Leases mineral interests in state riverbeds and tidelands

Maintains environmental quality of open beaches along Gulf Coast

Elected Officials: Commissioner of Agriculture

Administration of all laws, research, educational and regulatory activities related to agriculture;

Checks the accuracy of scales in meat markets and gas pumps, determines labeling procedures for pesticides

Promotes Texas agricultural products

Pesticide regulation

Elected Officials: the Lieutenant Governor

The source of executive powers comes from the legislative branch

Succeeds governor if a vacancy occurs

President of the Texas Senate

Ex-officio chair of: The Legislative Budget Board; The Legislative Council; The Legislative Audit Board; May exercise influence over the Sunset Advisory Commission and the

Legislative Criminal Justice Board

Appointed Executives(by the governor)

Secretary of State – chief election officer for Texas

Adjutant General – the state’s top-ranking military officer

Health and Human Services Commissioner – in charge of 4 major health and welfare depts.

Insurance Commissioner – monitors and regulates the insurance industry

Elective Boards Texas Railroad Commission – 3 elected members

who regulate gas utilities, oil and gas pipelines, oil and gas drilling and pumping activities, and intrastate railroad transportation, sets rates for local natural gas companies, (regulates safety & environmental aspects of oil & gas industry)

State Board of Education – 15 members elected to 4 yr.

terms from districts) oversees and regulates the Texas public school system, and administers state and national education law, distributes federal & state $ to local school districts

APPOINTED BOARDS

  Governor appoints 3,000+ individuals to hundreds of specialized boards & commissions (The board or commission usually appoint the head of the agency)

    There are 38 professional licensing & examining

boards     (Ex.: accountants, architects, barbers, chiropractors,

cosmetologists, dentists, funeral directors, land surveyors, medical doctors, nurses, exterminators, pharmacists, physical therapists, podiatrists, veterinarians)

    Twelve College Governing Boards

Oversee state colleges & universities

Texas Bureaucracy-Largest Agencies

Bureaucratic Environment

The Iron Texas Star

The coalition and mutual support that exists between:

legislative committees, administrative agencies, and economic special interest groups

The Texas Iron Star

Gubernatorial vs. Legislative Influence over Bureaucracy

The Bureaucracy & the Public

Texas: The Board & the Commission System

The Texas Sunset Process

Sunset Process- 1979-2003

REFORMS ENACTED

1. Open Meetings Act (1973) 

2.  Open Records Act (1973) 

3. Sunset Advisory Commission (1977) 

 4. Whistleblower Protection Act (1983)

REFORMS NEEDED

1.   Ombudsman

  2.   Adoption of Cabinet-Style

Government

  3.   Statewide Merit/Civil Service System

4. Texas Legislature (annual or longer sessions)