Chapter 8,9,10 Texas Government review – Flashcards
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List 2 sole powers of the Texas Senate and list 2 sole powers of the Texas House.
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Senate = Governor's appointments & tries the impeached House = Initiate legislation to raise taxes & impeachment
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What are 3 main responsibilities shared by the Texas House and the Texas Senate?
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Concur before bills can pass; ⅔ vote to propose constitutional amendments; & ⅔ vote to override a governor's veto
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List the frequency and length of the regular sessions of the Texas Legislature. Session Frequency
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83rd Regular Session (2013-2015) Every other year in odd calendar years beginning on 2nd Tuesday in January Session Length 140 day session (January 8, 2013 - May 27, 2013) Critics = Not give legislature time to do state's business. Defenders = Force legislators to get down to business.
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List the number of members of the Texas Legislature and list the salary of the members of the Texas Legislature
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House=150 Senate=31 Compensation Salary = $600 a month ($7,200 yearly). Expense allowance = $150 daily ($21,000). Pension = 2.3% of district judge pay for each year. Retire = Age 60 (8 years) & age 50 (12 service years). Get healthcare benefits as active members & retirees
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List the main powers and responsibilities of the presiding officers of the Texas Legislature
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Speaker = Representative picked by House members Lieutenant Governor = Elected statewide for a 4-year term & Senate picks successor if office becomes vacant Duties of Speaker & Lieutenant Governor Assign chairs, members, & bills to committees/subcommittees. Help schedule bills for debate; recognize members for debate; rule on points of order; interpret rules; & vote. Serve on & appoint people to the Legislative Budget Board (LBB) & the Legislative Redistricting Board (LRB).
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Define standing committee
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A permanent Committee
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List in order the 5 steps of the Texas legislative process
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1. Introduction 2. Committee Action 3. Floor Action 4. Conference Committee Action 5. Action by the Governor (3 options)
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Define bill
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A proposed law
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Define two-thirds
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A procedure used in the Texas Senate requiring a two-thirds vote before a measure can be brought to the floor for debate and eventual passage.
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In the traditional model of representation, how do citizens hold legislators accountable for keeping their promises?
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Vote based on whether legislators kept their word
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define mark up
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The process in which legislators go over a piece of legislation line by line to revise, amend, or rewrite it.
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define fiscal note.
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An analysis indicating a legislative measure's cost to state government, if any.
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define conference committee
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A special Committee created to negotiate differences on similar pieces of legislation passed by the House and Senate.
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define veto.
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an action in which the chief executive of a state or nation refuses to approve a bill passed by the legislature
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Interim committee
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A committee established to study a particular policy issue between legislative sessions, such as higher education or public school finance.
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select (special) committee.
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Select, or special committee= A committee that is established for a limited period of time to address a specific problem
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List the formal qualifications, official length of term, and official salary when it comes to the governor of Texas.
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American citizen, TX resident for 5 years preceding election, & at least 30 years old. /Mostly lawyers or business executives/Elected for 4 years (1972 amendment
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What are the main legislative powers and main appointive powers of the governor of Texas?
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State of the State address, Veto, Line-item veto (refuse items on appropriations bill), & Special Sessions /3,000 appointments to 150 state boards & commissions. Fills vacancies (state judges, U.S. Senate, & statewide offices). ⅔ vote of TX Senate to remove or confirm own appointees. Senatorial courtesy
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What are the main judicial powers and main budgetary powers of the governor of Texas?
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Judicial Powers-Pardons & Paroles Board must recommend punishment. Reprieve (postpone); Commutation (reduce); & Pardon. Capital punishment (can give one 30-day reprieve) Appoint state judges if they die, retire, or resign Budgetary Powers-Office of Budget & Planning Legislative Budget Board (LBB)
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What are the key law enforcement and military powers, key ceremonial powers, key political party leadership responsibilities, and main administrative powers of the governor of Texas?
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Law Enforcement and Military Powers-Public Safety Department (appoints 3-member board) Texas Rangers & Texas National Guard Ceremonial Powers (make public appearances) Political Party Leadership-Speak out, appoint, & campaign for party members. Administrative Powers-Plural executive & Executive order
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List the main responsibilities of the lieutenant governor and list the main responsibilities of the attorney general
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(David Dewhurst)-Senate Presiding Officer; LBB; & LRB/(Greg Abbott)-Represent TX in court & attorney general's opinion
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List the main responsibilities of the comptroller of public accounts, the commissioner of agriculture, and the land commissioner
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Comptroller of Public Accounts (Susan Combs)-Collects taxes; state banker; & estimate TX revenue Commissioner of Agriculture (Todd Staples)-Weights/measures & School Lunch Program Land Commissioner (Jerry Patterson)-Manage/lease land; PSF; & Veterans' Land Program
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List the main responsibilities of the secretary of state, the commissioner of education, the adjutant general, and the commissioner of insurance.
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Secretary of State (Esperanza Andrade)-Chief election officer = Application, implementation (operation), & interpretation of election laws. Keeps agreements, reports, & records of state agencies Commissioner of Education (Robert Scott)-Heads Texas Education Agency (TEA). Adjutant General (Major General John Nichols)-Heads the Texas National Guard Commissioner of Insurance (Eleanor Kitzman)-Heads the Department of Insurance
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What are the main responsibilities of the Texas Railroad Commission and the main responsibilities of the State Board of Education (SBOE)?
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The Railroad Commission (3 members get 6 years)-Regulates oil & gas (natural, utilities, & petroleum), pipeline transporters, & mining of coal & uranium. Regulatory policies fall into 3 broad categories. Allowable = Maximum permissible rate of production for oil & gas wells to prevent waste of natural resources. Prorate oil production to conform to market demand. Protect the rights of producers & royalty owners. State Board of Education (SBOE)-Coordinates K-12 education activities & services. 15 members = Each in 15 districts to serve 4-years. Invest PSF for ASF; set standards for teacher certification & school accreditation; approve curricula; & select textbooks
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List the 6 different groups of agencies by form or function that have appointed commissions.
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Administrative Departments (basic state functions) College and University Boards (Board of Regents) Licensing Boards (license & regulate professions) Regulatory Boards-Rules; Rulemaking; & Global warming. Social Service Agencies-Facilitate receipt of funds & promote interest of groups. Promotional and Preservation Agencies-Promote economic development or preserve heritage.
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In what ways do the legislature and governor oversee the state's administrative bureaucracy?
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Legislative Oversight Tools for controlling administrative policymaking. Sunset review = Evaluation of agencies (operation & performance) to see if they should be re-authorized Standing committees & Interim committee. Legislative Budget Board (LBB) Gubernatorial Oversight Governor influences administrative policymaking. Effective at times = Line-item veto & appointments. Weak = Number of elected officials with staggered terms & the governor has weak removal powers
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Define criminal case
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A legal dispute dealing with an alleged violation of penal law
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Define burden of proof
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The legal obligation of one party in a law suit to prove its position to a court.
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Define civil case
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A legal dispute between two or more parties - individuals, corporations, or government agencies
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Define litigants
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The parties in a lawsuit
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Define trial
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The formal examination of a civil or criminal action in accordance with law before a single judge who has jurisdiction to hear dispute.
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Define double jeopardy.
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The constitutional principle that an individual may not be tried a second time by the same unit of government for a single offense if acquitted in the first trial.
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Define appeal
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the taking of a case from a lower court to a higher court by the losing party in a lower court decision
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What types of cases do the Municipal Courts and Justice of the Peace (JP) Courts hear?
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Municipal Court-City ordinances (laws enacted by city governing body) Criminal ($500-$2,000 fines) & Civil (limited fines). De novo (appeal to county) & Magistrates (judicial officers Justice of the peace-Class C misdemeanors & Civil ($10,000 or less) Property lien, & forcible entry & detainer suit
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What types of cases do the 3 different types of County Courts hear?
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Class A & B misdemeanors & Civil ($200-$5,000). Appeals (JP & MC) & Probate (wills, guardianship, & mental
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What types of cases do the District Courts and Courts of Appeals hear?
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District-Criminal = Felony (drugs, burglaries, thefts, & assaults). Civil ($200 or more) = Family (divorce/child custody); personal injury; tax; debts. Appeals (county) = Probate & mental competency.
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What types of cases do the Texas Court of Criminal Appeals and Texas Supreme Court hear?
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Texas Court of Criminal Appeals-Court of last resort for all criminal cases in TX. Writ of habeas corpus (explain why person is in custody Texas Supreme Court-Court of last resort for all civil cases in TX. Writ of mandamus (perform a specific act or duty
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What is the length of term for judges of each of the 9 different types of courts in Texas?
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Municipal courts- Two or four years depending on the city Justice of the peace-Four years Constitutional County-Four years Statutory county-Four years District courts-Four years Courts of appeals-Six year overlapping terms Texas Court of criminal appeals- Six years overlapping terms Texas Supreme Court- Six year overlapping terms
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What is the method of selection for judges of each of the 9 different types of courts in Texas?
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Partisan election
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What are the qualifications for judges of each of the 9 different types of courts in Texas?
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Municipal (set by city), JP (voter), county (know TX law), statutory (law license), & district (2 year district resident & 4 year license law practice). Appellate (age 35 & 10 year license law practice).
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Define merit selection (the Missouri Plan)
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A method for selecting judges that combines gubernatorial appointment with voter approval in a retention election.
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define straight-ticket ballot
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Voters selecting the entire slate of candidates of one party only.
