This article needs to be updated.(January 2023) |
Government of Texas | |
---|---|
Part of | United States of America |
Constitution | Constitution of Texas |
Legislative branch | |
Name | Legislature |
Type | Bicameral |
Meeting place | Texas State Capitol |
Upper house | |
Name | Senate |
Presiding officer | Dan Patrick, President |
Lower house | |
Name | House of Representatives |
Presiding officer | Dade Phelan, Speaker |
Executive branch | |
Head of State and Government | |
Title | Governor |
Currently | Greg Abbott |
Appointer | Election |
Cabinet | |
Leader | Governor |
Deputy leader | Lieutenant Governor |
Headquarters | Texas State Capitol |
Judicial branch | |
Name | Judiciary of Texas |
Courts | Courts of Texas |
Supreme Court of Texas | |
Chief judge | Nathan Hecht |
Seat | Austin |
The government of Texas operates under the Constitution of Texas and consists of a unitary democratic state government operating under a presidential system that uses the Dillon Rule, as well as governments at the county and municipal levels.
Austin is the capital of Texas. The State Capitol resembles the United States Capitol in Washington, D.C., but is faced in Texas pink granite and is topped by a statue of the "Goddess of Liberty" holding aloft a five-point Texas star. The capitol is also notable for purposely being built seven feet taller than the U.S. national capitol. [1]
The statewide elected officials are:
The executive branch consists of the Governor, Lieutenant Governor, Comptroller of Public Accounts, Land Commissioner, Attorney General, Agriculture Commissioner, the three-member Texas Railroad Commission, the State Board of Education, and the Secretary of State. Texas has a plural executive branch system which limits the power of the Governor. Except for the Secretary of State, all executive officers are elected independently, making them directly answerable to the public, not the Governor. [2]
Partly because of many elected officials, the governor's powers are quite limited in comparison to other state governors or the U.S. President. In popular lore and belief the lieutenant governor, who heads the Senate and appoints its committees, has more power than the governor. The governor commands the state militia and can veto bills passed by the Legislature and call special sessions of the Legislature (this power is exclusive to the governor and can be exercised as often as desired). The governor also appoints members of various executive boards and fills judicial vacancies between elections. All members of the executive branch are elected statewide except for the Secretary of State (appointed) and the State Board of Education (each of its 15 members are elected from single-member districts).
The executive branch also includes several boards and commissions that are constituted through a mixture of elections and gubernatorial appointments confirmed by the Senate. [3] Even with the Governor appointing several members of boards and commissions, the overall effect is a sprawling network of administrative bodies that neither the Governor nor the Legislature are able to coordinate or completely control. [3] The Governor appoints the directors of a handful of state agencies, and the Governor exercises direct authority over these offices. [3] Most state agencies are headquartered in Austin.
The Texas Administrative Code contains the compiled and indexed regulations of Texas state agencies and is published yearly by the Secretary of State. [4] The Texas Register contains proposed rules, notices, executive orders, and other information of general use to the public and is published weekly by the Secretary of State. [5]
The Texas Legislature is bicameral. The Texas House of Representatives has 150 members, while the Texas Senate has 31. The Speaker of the House presides over the House, and the Lieutenant Governor presides over the Senate. It is a powerful arm of the Texas government not only because of its power of the purse to control and direct the activities of state government and the strong constitutional connections between it and the Lieutenant Governor, but also due to Texas's plural executive.
The legislature convenes its regular sessions at noon on the second Tuesday in January of odd-numbered years. The maximum duration of a regular session is 140 days. The Governor is given authority under the state constitution to convene the legislature at other times during the biennium. Such sessions are known as called or special sessions and are reserved for legislation that the Governor deems critically important in the conduct of state affairs. Called sessions are limited to a period of 30 days, during which the legislature is permitted to pass laws only on subjects submitted by the governor in calling for the session. Unlike other states, only the Governor may call the Legislature into special sessions (and may do so as often as desired); the Legislature lacks the power to call itself into special session.
Its session laws are published in the official General and Special Laws ; [6] most, but not all, of these statutes are codified in the Revised Civil Statutes, Penal Code, and Code of Criminal Procedure (sometimes referred to as the Texas Statutes). [7] [8]
The judicial system of Texas has a reputation as one of the most complex in the United States, [9] with many layers and many overlapping jurisdictions. [10]
Texas has two courts of last resort: the Texas Supreme Court, which hears civil cases, and the Texas Court of Criminal Appeals. Except in the case of some municipal benches, partisan elections choose all of the judges at all levels of the judiciary; the governor fills vacancies by appointment. All members of the Texas Supreme Court and the Texas Court of Criminal Appeals are elected statewide.
The Municipal Courts are the most active courts, with the County and District Courts handling most other cases and often sharing the same buildings. Administration is the responsibility of the Supreme Court, which is aided by the Texas Office of Court Administration, the Texas Judicial Council and the State Bar of Texas (the Texas Bar).
Texas has a total of 254 counties, by far the largest number of counties of any state.
Each county is run by a five-member Commissioners' Court consisting of four commissioners elected from single-member districts (called commissioner precincts) and a county judge elected at-large. The county judge does not have authority to veto a decision of the commissioners court; the judge votes along with the commissioners (being the tie-breaker in close calls). In smaller counties, the county judge actually does perform judicial duties, but in larger counties the judge's role is limited to serving on the commissioners court and certifying elections. Certain officials, such as the sheriff and tax collector, are elected separately by the voters, but the commissioners court determines their office budgets, and sets overall county policy. All county elections are partisan. The Commissioners Courts in Texas are served and provided continued education by the County Judges and Commissioners Association [11] events and the official association publication County Progress. [12]
Counties in Texas have limited regulatory (ordinance) authority. [13] Counties in Texas do not have zoning power (except for limited instances). However, counties can collect a small portion of property tax and spend it to provide residents with needed services or to employ the power of eminent domain.
Unlike other states, Texas does not allow for consolidated city-county governments. Cities and counties (as well as other political entities) are permitted to enter "interlocal agreements" to share services (for instance, a city and a school district may enter into agreements with the county whereby the county bills for and collects property taxes for the city and school district).[ citation needed ]
Texas does not have townships; areas within a county are either incorporated or unincorporated. Incorporated areas are part of a city, though the city may contract with the county for needed services. Unincorporated areas are not part of a city; in these areas the county has authority for law enforcement and road maintenance. Their local ordinances, rules, and police regulations are usually codified in a "code of ordinances". [14]
Cities are classified as either "general law" or "home rule". A city may elect home rule status (i.e., draft an independent city charter) once it exceeds 5,000 population and the voters agree to home rule. Otherwise, it is classified as general law and has very limited powers. Larger cities (those exceeding 225,000) have a unique authority: that of "limited annexation", whereby an adjoining area may be annexed for purposes of imposing city ordinances related to safety and building codes. The residents can vote for mayor and council races but cannot vote in bond elections (and, consequently, the city cannot directly collect city sales tax from businesses or city property tax from owners).
Municipal elections in Texas are nonpartisan in the sense that candidates do not appear on the ballot on party lines, and do not run as party tickets. However, a candidate's party affiliation is usually known or can be discerned with minimal effort (as the candidate most likely has supported other candidates on partisan tickets).
In addition to cities and counties, Texas has numerous special districts. As with municipal elections in Texas, board members or trustees are elected on a nonpartisan basis or may be appointed.
The most common is the independent school district, which (with one exception) has a board of trustees that is independent of any other governing authority. School district boundaries are not generally aligned with city or county boundaries; it is common for a school district to cover one or more counties or for a large city to be served by several school districts. The Texas Education Agency governs public education in Texas.
Other special districts include Groundwater Conservation Districts (regulatory agencies), river authorities, water supply districts (for irrigation or municipal supply), public hospitals, road districts and community colleges.
The government of Maryland is conducted according to the Maryland Constitution. The United States is a federation; consequently, the government of Maryland, like the other 49 state governments, has exclusive authority over matters that lie entirely within the state's borders, except as limited by the Constitution of the United States.
The structure of the judiciary of Texas is laid out in Article 5 of the Constitution of Texas and is further defined by statute, in particular the Texas Government Code and Texas Probate Code. The structure is complex, featuring many layers of courts, numerous instances of overlapping jurisdiction, several differences between counties, as well as an unusual bifurcated appellate system at the top level found in only one other state: Oklahoma. Municipal Courts are the most active courts, with County Courts and District Courts handling most other cases and often sharing the same courthouse.
The government of Florida is established and operated according to the Constitution of Florida and is composed of three branches of government: the executive branch consisting of the governor of Florida and the other elected and appointed constitutional officers; the legislative branch, the Florida Legislature, consisting of the Senate and House; and the judicial branch consisting of the Supreme Court of Florida and lower courts. The state also allows direct participation of the electorate by initiative, referendum, and ratification.
The government of Alabama is organized under the provisions of the 1901 Constitution of Alabama, the lengthiest constitution of any political entity in the world. Like other states within the United States, Alabama's government is divided into executive, judicial, and legislative branches. Also like any other state, these three branches serve a specific purpose in terms of power.
The government of the U.S. State of Oklahoma, established by the Oklahoma Constitution, is a republican democracy modeled after the federal government of the United States. The state government has three branches: the executive, legislative, and judicial. Through a system of separation of powers or "checks and balances," each of these branches has some authority to act on its own, some authority to regulate the other two branches, and has some of its own authority, in turn, regulated by the other branches.
The government of the State of New Jersey is separated into three distinct branches: legislative, executive, and judicial. The powers of the State of New Jersey are vested by the Constitution of New Jersey, enacted in 1947, in a bicameral state legislature, the Governor, and the state courts, headed the New Jersey Supreme Court. The powers and duties of these branches are further defined by acts of the state legislature, including the creation of executive departments and courts inferior to the Supreme Court.
The state government of Georgia is the U.S. state governmental body established by the Georgia State Constitution. It is a republican form of government with three branches: the legislature, executive, and judiciary. Through a system of separation of powers or "checks and balances", each of these branches has some authority to act on its own, some authority to regulate the other two branches, and has some of its own authority, in turn, regulated by the other branches. The seat of government for Georgia is located in Atlanta.
The Government of the Commonwealth of Pennsylvania is the governmental structure of the Commonwealth of Pennsylvania as established by the Pennsylvania Constitution. It is composed of three branches: executive, legislative and judicial. The capital of the Commonwealth is Harrisburg.
The government of Virginia combines the executive, legislative and judicial branches of authority in the Commonwealth of Virginia. The current governor of Virginia is Glenn Youngkin. The State Capitol building in Richmond was designed by Thomas Jefferson, and the cornerstone was laid by Governor Patrick Henry in 1785. Virginia currently functions under the 1971 Constitution of Virginia. It is Virginia's seventh constitution. Under the Constitution, the government is composed of three branches: the legislative, the executive and the judicial.
The term county judge is applied as a descriptor, sometimes as a title, for a person who presides over a county court. In most cases, such as in Northern Ireland and the Victorian County Courts, a county judge is a judicial officer with civil or criminal jurisdiction. In the United States, however, there are some "County Courts" which exercise primarily administrative functions, in which case the County Judge may exercise largely or solely executive authority and be equivalent to the county executive in other local government areas.
The government of Arizona is the governmental structure of the state of Arizona as established by the Arizona Constitution. The executive is composed of the Governor, several other statewide elected officials, and the Governor's cabinet. The Arizona Legislature consists of the House of Representatives and Senate. The judiciary is composed of the Arizona Supreme Court and lower courts. There is also local government, consisting of counties, municipalities and special districts.
The government of Indiana is established and regulated by the Constitution of Indiana. The state-level government consists of three branches: the judicial branch, the legislative branch, and the executive branch. The three branches share power and jointly govern the state of Indiana. County and local governments are also constitutional bodies with limited authority to levy taxes, pass legislation, and create and maintain local public infrastructure.
The government of the U.S. state of Kansas, established by the Kansas Constitution, is a republican democracy modeled after the Federal Government of the United States. The state government has three branches: the executive, the legislative, and the judicial. Through a system of separation of powers, or "checks and balances," each of these branches has some authority to act on its own, and also some authority to regulate the other two branches, so that all three branches can limit and balance the others' authority.
The government of New Mexico is the governmental structure of the state of New Mexico as established by the Constitution of New Mexico. The executive is composed of the governor, several other statewide elected officials and the governor's cabinet. The New Mexico Legislature consists of the House of Representatives and Senate. The judiciary is composed of the New Mexico Supreme Court and lower courts. There is also local government, consisting of county administrations, city governments, and special districts.
The Government of West Virginia is modeled after the Government of the United States, with three branches: the executive, consisting of the Governor of West Virginia and the other elected constitutional officers; the legislative, consisting of the West Virginia Legislature which includes the Senate and the House of Delegates; and the judicial, consisting of the West Virginia Supreme Court of Appeals and lower courts.
The Government of Mississippi is the government of the U.S. state of Mississippi. Power in Mississippi's government is distributed by the state's Constitution between the executive and legislative branches. The state's current governor is Tate Reeves. The Mississippi Legislature consists of the House of Representatives and Senate. Mississippi is one of only five states that elects its state officials in odd numbered years. Mississippi holds elections for these offices every four years in the years preceding Presidential election years. Thus, the last year when Mississippi elected a Governor was 2019, and the next gubernatorial election will occur in 2023.
The government of North Carolina is divided into three branches: executive, legislative, and judicial. These consist of the Council of State, the bicameral legislature, and the state court system. The Constitution of North Carolina delineates the structure and function of the state government.
The government of Washington State is the governmental structure of the State of Washington, United States, as established by the Constitution of the State of Washington. The executive is composed of the Governor, several other statewide elected officials and the Governor's cabinet. The Washington State Legislature consists of the House of Representatives and State Senate. The judiciary is composed of the Washington Supreme Court and lower courts. There is also local government, consisting of counties, municipalities and special districts.
The law of Texas is derived from the Constitution of Texas and consists of several levels, including constitutional, statutory, regulatory law, as well as case law and local laws and regulations.
The U.S. state of Texas has a total of 254 counties, many cities, and numerous special districts, the most common of which is the independent school district.
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