Final Flashcards
What are the requirements of Governor?
- Thirty years of age
- An American citizen
- Citizen of Texas for five years prior to election
What are the legislative powers of the Governor?
•The Veto -Item-Veto -Threat of Veto •Bargaining •Special Session •Message Power •Fact-finding commission
What are the executive powers of the Governor
•Powers: -Appointive -Removal -Planning -Budget -Law Enforcement -Military -Clemency •Chief of State
What Executive Branch official is considered the most powerful office in the state?
Lieutenant Governor
What are the duties of the Lieutenant Governor?
Presides over Senate
What are the duties of the Attorney General?
- Serves as state’s chief lawyer
- Issues advisory opinions to state & local authorities
- Represents state in civil litigation
- Enforces child-support orders issued bystate courts
- Administers Crime Victims’ Compensation Fund
What are the duties of the Comptroller of Public Accounts?
- Chief accounting officer
- Chief tax collector
- State treasurer, since 1992
- Must certify expected revenues will meet expenses in legislature’s budget,or budget requires a supermajority(4/5) to pass
What are the duties of the Commissioner of the General Land Office?
- Awards leases for exploitation of minerals & water on state-owned lands
- Sits as ex-officio member of state boards responsible for Texas land management
- Oversees growth of Permanent School Fund
- Chairs Veterans Land Board
What are the duties of the Commissioner of Agriculture?
- Enforces state’s agricultural laws
- Provides service programs to state farmers, ranchers & consumers
- Conducts inspections, including those on commercial scales, pumps & meters
- Responsible for Nutrition in public institutions
What are the duties of the Secretary of State?
- Acts as state’s chief election officer
- Grants charters to Texas corporations
- Issues permits for outside corporations to operate within Texas
- Processes requests for extradition fromother states
What is the role of the Railroad Commission?
Responsible for handling oil and gas
What are the types of boards and commissions in Texas?
•Elective -Texas Railroad Commission •Appointive -Texas Board of Criminal Justice •Ex officio -Texas Bond Review Board
What is patronage?
he support, encouragement, privilege, or financial aid that an organization or individual bestows to another
What is merit based hiring?
An employment system used by governments that takes merits into account in hiring promotions
What is a recess appointment?
Filling of an appointed office during interim between legislative sessions
What is Senatorial courtesy?
Tradition of a senatorial request of removal of a appointed enemy by the governor.
What is the revolving door?
Process of hiring, training, and losing government employees
What is the Iron Triangle?
Public policy making relationship between the public, Legislature, and bureaucracy
What is the major employer in Texas?
State and local governments
What are clientele groups?
•Agencies and clients
- Share information,
- Have common attitudes and goals
- Exchange employees
- Lobby the legislature together
What is administrative review
The process by which administrators interpret the law and write the rules and regulations for its enforcement
What is administrative law?
Defines the meaning of the law and determines its effect on both special interests and the public
How is accountability achieved in Texas’ bureaucracy?
•Elective accountability
-This is accomplished through the election of the members of the plural executive.
•Legislative accountability
-Bureaucratic accountability should be to the legislature that is closest to the electorate.
What is the standard for deciding civil cases in Texas?
Responsibility, but not guilt.
What is the standard for deciding criminal cases in Texas?
Guilt is proven beyond a reasonable doubt.
What is an appeal de novo?
A new trial conducted in a higher court (as opposed to an appeal). In de novo cases, higher courts completely retry cases. On appeal, higher courts simply review the law as decided by the lower courts
What are the limitations on Justice of the Peace courts?
- Criminal cases—fine is under $500
- Civil matters—dispute is less than $10,000, must hear cases less than $200
- Issue warrants for search and arrest
- Perform marriages
- Coroner duties
- Ex officio notary
- Small claims court
What are the three types of county-level courts?
Constitutional County Courts
Statutory County Courts
Statutory Probate Courts
What types of cases can be heard in Texas District courts
- Civil cases over $200, must hear cases over $10,000
* Juvenile cases are usually tried here
How many Courts of Appeals are in Texas?
14
What is the Court of Criminal Appeals?
The highest state appellate court in criminal matters.
What is the Texas Supreme Court?
Final court of appeals in civil and juvenile cases
What do grand juries decide upon?
Determines if there is sufficient evidence to try an individual
What types of decisions does a grand jury return?
True Bill: An indictment already approved by a grand jury
How many members serve on a petit jury?
- Justice of the Peace courts have 6-person juries.
* District courts have 12-person juries
How does Texas select its justices?
Texas elects its judges in partisan elections
What is the process of screening potential juror called?
Voir Dire
What types of challenges are given to lawyers during jury selection?
Challenge for cause- A request to a judge that a certain prospective juror not be allowed to serve on the jury for a specific reason such as knowledge of the case.
Peremptory Challenge- A challenge made to a prospective juror without being required to give a reason for removal. the number of such challenges allotted to the prosecution and defense are limited. Also called peremptory strike.
What is civil law?
- Deals with private rights and relationships, obligations, and responsibilities.
- Cases are brought by plaintiffs, usually private citizens or corporations.
- Remedy is relief or compensation.
What are the types of laws dealt with in civil cases?
Private rights and relationships, obligations, and responsibilities.
What are efforts to change civil awards referred to as?
Tort Reform
What are the types of criminal cases?
Felony
Misdemeanor
Victimless Crimes
What are the state law enforcement agencies?
- Department of Public Safety (DPS)
* Texas Alcohol Beverage Commission
What Supreme Court case limited interrogation powers of police?
Miranda v. Arizona
What is the most common solution to criminal cases?
Plea Bargaining
What court case restructured the Texas prison system?
-Ruiz vs Estelle (1980)
What are the clemency options for the Board of Pardons and Paroles?
- Pardon- absolves a citizen from the legal consequences of their crime
- Commutation- reduction in punishment
- Reprieve- temporary interruption of punishment
What Supreme Court case suspended the death penalty?
Furman v. Georgia
How many members serve in the Texas Senate?
31 senate districts; 800,000 constituents
How many members serve in the Texas House?
150 House districts; 160,000 constituents
When is reapportionment required in Texas?
So that each district has approximately equal representation.
What court case deals with malapportionment(—unequal distribution of voters among districts)?
Reynolds vs. Sims (“one person, one vote”)
What is the responsibility of the Legislative Redistricting Board?
Redistricting, if the Texas legislature fails.
Who is the presiding officer in the Texas Senate?
Lieutenant Governor: • Elected in a statewide, partisan election • Not a senator • 4 year term • David Dewhurst
Who is the presiding officer in the Texas House?
Speaker of the House • Elected by the majority of House members • Is a representative • 2 year term • Representative Joe Straus
What are the three bodies in Legislature houses?
Floors, committee, sub-committee
What are the types of committees in the Texas Legislature?
- Standing—permanent
- Subcommittee—divisions of a committee consider specific subtopics of a committee’s primary jurisdiction
- Conference—ad hoc that resolves differences b/tw house and senate
- Joint—
- Special—
- Ad hoc—temporary
What is the compensation for staff expenses for House members?
$13,250; 2 to 4 staff members
What is the compensation for staff expenses for Senate members?
$37,500; 4 to 14 staff members
What is the daily stipend for legislators for session days?
$132/day for both regular and special sessions.
How many days can the general session of the Legislature last?
140 days
How many days can a special session of the Legislature last?
30 days
What are procedural powers?
Directly related to the legislative process.
What are institutional powers?
Used to affect administrative policy and management of TX government.
What makes the presiding officer position so powerful?
Appointive powers of presiding officer predicts action of a committee.
What can happen to a bill in committee?
- Pigeon-holed—eliminated from consideration by committee vote
- Tagged—allows a senator to stop consideration of a bill by the standing committee for 48 hours.
- Voted on for discharge (discharge position)
- Allowed to die
What is the different step to the lawmaking process in the House?
Rules committee
What are the six types of calendars in the Calendar committee?
- Emergency
- Major state
- Constitutional Amendment
- General State & Area
- Local
- Consent
What is the 2/3rds Rule?
A means whereby the senate can kill a bill without having a floor vote for or against. The bill fails to reach the floor so dies on the calendar.
What is a filibuster?
An attempt by a senator to delay a bill by unlimited debate. A political delaying tactic, legislative obstructer. Senators may filibuster; longest=43 hrs in 1977. Threat may encourage compromise!
What is cloture?
The motion to end a filibuster
What are the three types of resolutions?
- Simple—require passage by one legislative house
- Joint—” “ by both legislative houses and referendum
- Concurrent—” “ by both legislative houses
What happens if the House and Senate pass different versions of a bill?
It goes to the Conference Committee => C.C. Report and back to floor.
What is the biggest benefit of having a state income tax?
opinion
What are the revenue sources for Texas?
- General sales tax
- Selective sales tax (Excise)
- Gross receipts tax