Saturday, May 11, 2024

What do Texas state officials actually do?


The Texas Tribune is answering reader questions forward of the midterms about elections and the problems Texans are voting on. Thanks to readers like Kenneth S., Colette T. and others for asking us to outline statewide officeholders’ roles. For the newest news and information on elections, sign up for our free daily newsletter. You can even get election updates over textual content message by texting “hello” to 512-967-6919.

Texans’ ballots for the midterm elections this 12 months shall be significantly lengthy.

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Along with their district-based representatives — in Congress, the Texas House of Representatives, the Texas Senate and the State Board of Education — voters have the chance to pick out a number of elected officials who work for Texans throughout the state.

This means the state’s prime government leaders — the governor, lieutenant governor and lawyer normal — are on the poll.

But so are different statewide places of work, such because the land commissioner and agriculture commissioner, that wield important energy by regulating industries or managing grants and funds. Judges and justices for the state’s prime courts, the Court of Criminal Appeals and the Texas Supreme Court, may also seem additional down on the poll.

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Not aware of these statewide places of work? You can discover extra information about every workplace, together with its tasks and energy, beneath. You can even discover your district-based lawmakers by our ballot finder.

Republicans have held each statewide elected workplace in Texas for greater than 20 years. The size of the time period for every state workplace varies, however there aren’t any limits to what number of phrases an officeholder can serve. There are additionally no referendums or recall elections on the state stage in Texas.

Governor (four-year time period): The governor is the chief government of the state. The governor’s tasks embrace outlining funds suggestions for the Legislature and main the state and its army forces throughout emergencies.

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The Texas Constitution was written to restrict the governor’s powers, particularly throughout the Legislature, however the governor can nonetheless maintain lots of casual energy by political affect, mentioned Jennifer Hayes Clark, an affiliate professor of political science on the University of Houston.

The governor’s legislative powers embrace signing or vetoing payments and laying out emergency objects for the Legislature to give attention to throughout the first 60 days of normal legislative classes, when no different payments will be handed.

The Legislature normally meets just for about 5 months each different odd-numbered 12 months, however the governor can name particular classes for lawmakers to reconvene and go legal guidelines on problems with the governor’s selection, as Gov. Greg Abbott did thrice in 2021.

But it’s by appointments that the governor can amass energy. The governor could make appointments to tons of of government entities.

Notable appointments embrace the secretary of state, who oversees elections; the commissioner of public schooling; the commissioner of upper schooling; members of the Public Utility Commission, which regulates the state’s power grid and different utilities; and the boards of regents for four-year public universities.

The governor can even fill vacancies for the rest of an unfinished time period if an elected official, a decide or a justice resigns or dies. Many appointments require affirmation from the Texas Senate, however governors can skirt that requirement if an election for an workplace is held earlier than the Senate reconvenes, mentioned Drew Landry, an assistant professor of presidency at South Plains College. Abbott and former Gov. Rick Perry, particularly, typically used this workaround, Landry mentioned.

This is an efficient technique as a result of gubernatorial appointees then have the benefit of title recognition and usually tend to win an election, Clark mentioned, and these appointments will be particularly influential within the state’s prime courts.

“Given the long tenure of Perry, and now Abbott, they’ve both appointed nearly all members of the Texas bureaucracy — so many of those important boards and commissions of the state, which make important decisions,” Clark mentioned.

This signifies that the facility and affect of a Texas governor can develop the longer they’re in workplace — even with a state structure that’s designed to offer extra energy to the legislature.

Abbott is in search of a 3rd time period. His challengers are Beto O’Rourke, the Democratic nominee, Mark Tippits, a Libertarian, and Delilah Barrios, a Green Party candidate.

Lieutenant governor (four-year time period): The lieutenant governor, the second-highest state government, presides over the state Senate. It is usually thought to be essentially the most highly effective statewide elected workplace due to its function within the Texas Legislature, Landry mentioned. In the Senate, the lieutenant governor is in control of the agenda and standing committees and has the deciding phrase if there’s a tie or a procedural query. This offers the workplace lots of affect over senators and energy over what payments make it to the governor’s desk.

“Basically, he gets to roll the dice, and everyone else is going to play that game,” Landry mentioned.

The lieutenant governor additionally co-chairs the Legislative Budget Board, which leads the event of the state funds, and is on the Legislative Redistricting Board, which is in control of redrawing political maps primarily based on census information if the Legislature fails to do so. (The different members of the Legislative Redistricting Board are the speaker of the Texas House of Representatives, lawyer normal, land commissioner and comptroller.)

Lt. Gov. Dan Patrick, who quietly amassed affect with former President Donald Trump and infrequently has tense relations with extra average members of the Texas Republican get together, is in search of a 3rd time period. His challengers are Democrat Mike Collier and Libertarian Shanna Steele.

Comptroller of public accounts (four-year time period): The comptroller is the state’s accountant and chief monetary officer. The workplace is liable for amassing state charges and taxes, that are primarily gross sales taxes from native governments. (Texas doesn’t have a state revenue tax, and property taxes are collected by native governments.)

The comptroller additionally manages tons of of state contracts on behalf of different businesses and supplies forecasts on the state’s income and economic system for the Legislature. This helps set the course for legislative classes, Clark mentioned.

Comptroller Glenn Hegar, who’s in search of reelection for a 3rd time period, has lately taken a extra lively strategy by challenging companies and Harris County over political issues. He faces Democratic challenger Janet Dudding and Libertarian challenger V. Alonzo Echevarria-Garza.

Attorney normal (4 year-term): The lawyer normal is the state’s prime lawyer. The workplace is liable for representing the state in authorized issues, primarily in civil litigation. This can appear to be defending the state in lawsuits, particularly if a case reaches the U.S. Supreme Court. It can even imply bringing ahead or collaborating in lawsuits in opposition to the federal authorities, companies or others on behalf of the general public.

The lawyer normal can even make authorized interpretations and subject opinions on authorized questions. The opinions should not rulings and are nonbinding, however they’re typically adopted and cited by others, equivalent to native governments and attorneys.

“Even though it’s nonbinding, they then sort of take that as basically a stamp of approval,” Clark mentioned. “And the implication is that then if somebody sues, then they can use that to kind of bolster their argument.”

The lawyer normal’s workplace additionally enforces child-support orders and open-government legal guidelines and may examine for client and Medicaid fraud. The workplace can even present assist in legal investigations, however that’s normally restricted to when native officials request assist from the workplace, Clark mentioned.

Attorney General Ken Paxton, whose tenure has been clouded by a fraud indictment and an FBI investigation into claims of malfeasance whereas in workplace, is in search of a 3rd time period. There is not any regulation stopping somebody from working for workplace whereas below indictment, in accordance with Landry and Clark. State election code says only that an eligible candidate should “have not been finally convicted of a felony from which the person has not been pardoned or otherwise released from the resulting disabilities.”

Right now, Paxton must be investigated and impeached by the Legislature or voted out to be faraway from workplace, Landry mentioned. Despite his authorized troubles, Paxton doubtless benefited from Trump’s endorsement to win the crowded Republican major for lawyer normal, Clark mentioned.

Paxton’s midterm challengers are Democrat Rochelle Garza and Libertarian Mark Ash.

Land commissioner (four-year time period): The commissioner of the General Land Office manages 13 million acres of state land. The workplace additionally administers federal assist after pure disasters, manages the historic Alamo website and oversees investments from the Permanent School Fund, a state endowment created in 1876 to assist fund public schooling. It additionally supplies assist for veterans by the Veterans Land Board, which gives land and residential loans and different providers to veterans.

Three candidates are vying for the workplace at the moment held by Republican George P. Bush, who unsuccessfully ran to be the Republican candidate for lawyer normal. They are state Sen. Dawn Buckingham, R-Lakeway; Jay Kleberg, a Democrat; and Green Party candidate Alfred Molison.

Agriculture commissioner (four-year time period): Apart from supporting farmers and regulating the agriculture business, the commissioner of agriculture regulates weights and measuring units, together with grocery scales and retail value scanners. The agriculture commissioner can also be in control of administering faculty lunch applications and other assistance programs to assist deal with starvation and promote vitamin.

Agriculture Commissioner Sid Miller is in search of a 3rd time period. His Democratic opponent is Susan Hays. There aren’t any Libertarian or Green Party candidates.

Railroad commissioners (six-year phrases): The Railroad Commission, which is made up of three elected seats, regulates oil, gasoline, coal and pipelines within the state. (It was initially established to manage railroad tariffs, however railroads are actually overseen by the Rail Division of the Texas Department of Transportation.) This means railroad commissioners oversee gasoline utility providers and charges, in addition to coal and uranium mining within the state.

The seat of Republican incumbent Wayne Christian is up for election. His challengers are Luke Warford, the Democratic nominee; Jaime Andrés Díez, a Libertarian; and Hunter Crow of the Green Party.

Justices of the Supreme Court of Texas (six-year phrases): Texas and Oklahoma are the one two states with two courts of “last resort,” in accordance with Clark and Landry. The Texas Supreme Court is the highest court docket within the state for civil litigation. It is made up of 9 justices, together with the chief justice, who serve staggered six-year phrases. The state supreme court docket additionally oversees the State Bar of Texas.

Texas is certainly one of a handful of states that elects judges by partisan elections. In Missouri and different states, judges are appointed by the governor by a merit-based nomination system. These judges then undergo retention elections, through which voters determine whether or not a decide ought to stay in workplace. If voters reject a decide, a brand new one is appointed.

Other states elect judges by contested, nonpartisan elections. New Mexico makes use of a combination of partisan and nonpartisan elections after a decide is appointed by the governor.

In Texas, governors like Abbott can nonetheless exert affect within the court docket by appointing people with related coverage and authorized views to fill vacancies. And though these appointees nonetheless face elections, they have an inclination to facet with the governor who appointed them.

“It’s very rare to see them actually go against the governor,” Clark mentioned.

That’s given Abbott and Texas conservatives wins in important instances, equivalent to these in regards to the state’s abortion restrictions. The state Supreme Court determined that state leaders couldn’t be sued over a near-total ban handed in 2021 on account of its private-enforcement mechanism. After the U.S. Supreme Court overturned Roe v. Wade, the Texas court docket additionally allowed the state to implement another near-total ban on abortions dating to before the Civil War.

Earlier within the pandemic, the Texas Supreme Court additionally temporarily blocked enforcement of masks mandates in Dallas and Bexar counties, siding with Abbott and Paxton’s argument that the Texas Disaster Act of 1975 offers the governor the facility of commander-in-chief. More lately, the state Supreme Court questioned Abbott’s directive for the state to analyze households offering gender-affirming care to transgender youngsters, however the justices allowed most investigations to continue.

The three justices up for reelection are Republicans Debra Lehrmann, Rebeca Aizpuru Huddle and Evan Young. Democrat Erin A. Nowell and Libertarian Tom Oxford are difficult Lehrmann. Huddle and Young are dealing with Democratic challengers Amanda Reichek and Julia Maldonado, respectively.

Judges of the Court of Criminal Appeals (six-year phrases): The Court of Criminal Appeals is the highest court docket within the state for legal regulation. It is made up of 9 judges, together with a presiding decide.

All loss of life penalty instances go on to the Court of Criminal Appeals for an automated attraction to find out whether or not there have been any authorized errors within the court docket continuing. Other legal appeals go to certainly one of 14 decrease courts of legal appeals within the state, and the Court of Criminal Appeals can then determine to assessment selections made by a kind of decrease courts.

The Court of Criminal Appeals has ultimate say over all “habeas corpus” appeals for these convicted of a felony, through which folks declare they’re being illegally punished or unlawfully detained. This sort of attraction typically focuses on constitutional rights and claims of innocence, and may embrace details outdoors of the unique trial file, like new proof. Lower courts could make suggestions to the excessive court docket in such instances, but it surely’s the Court of Criminal Appeals that determines if an attraction will end in an overturned conviction or diminished sentence.

The three judges up for reelection are Republicans Mary Lou Keel, Scott Walker and Jesse McClure. Keel’s seat is uncontested. McClure is being challenged by Robert Johnson, and Walker’s challenger is Dana Huffman.

This story is a part of a mission referred to as Democracy Day, through which newsrooms throughout the nation are shining a light-weight on threats to democracy and what motion is required to guard it.

Jolie McCullough contributed to this story.

Disclosure: The University of Houston and the Texas comptroller of public accounts have been monetary supporters of The Texas Tribune, a nonprofit, nonpartisan news group that’s funded partially by donations from members, foundations and company sponsors. Financial supporters play no function within the Tribune’s journalism. Find a whole list of them here.


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Correction, Sept. 19, 2022: Correction: An earlier model of this story incorrectly said that the Texas Department of Agriculture regulates gas pumps within the state. Regulation of gas pumps was transferred to the Texas Department of Licensing and Regulation in 2020.



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