Governing Texas 5th Edition pdf

Page 1


Preface XVI

Acknowledgments XXIII

1 • The Political Culture, People, and Economy of

Texas 3

Texas Political Culture 5

One-Party Dominance 5

Provincialism 6

Business Dominance 6

The Land 7

CITIZEN’S GUIDE Confederate Monuments in Texas 8

The Gulf Coastal Plains 10

The Interior Lowlands 11

The Great Plains 12

The Basin and Range Province 12

Economic Change in Texas 12

Cotton 12

Cattle 13

Oil 15

High-Tech Industry 17

NAFTA, USMCA, and the International Economy 18

The Military in Texas 20

Who Are Texans? 21

Whites 22

Latinos 23

WHO ARE TEXANS? How Is the Texas Population

Changing? 25

African Americans 26

Asian Americans 29

Age 29

Poverty and Wealth 29

Urbanization 29

Urban Political Life 30

TEXAS AND THE NATION How Does Texas’s Population

Compare to Other Major States’? 33

Political Culture and the Future of Texas 35

Study Guide 37

2 • The Texas Constitution 41

The Role of a State Constitution 43

The Texas Constitutions: 1836–1876 45

The Texas Founding 45

The Constitution of the Republic of Texas, 1836 47

The Texas State Constitution of 1845 50

The Constitution of 1861: Texas Joins the Confederacy

52

The Constitution of 1866: Texas Rejoins the Union 53

The Reconstruction Constitution of 1869 54

The Constitution of 1876 55

The Constitution of Texas Today 59

The Preamble 60

Article 1: Bill of Rights 60

Article 2: The Powers of Government 62

Article 3: Legislative Department 63

Article 4: Executive Department 63

Article 5: Judicial Department 64

Article 6: Suffrage 64

Article 7: Education 64

Article 8: Taxation and Revenue 66

Articles 9 and 11: Local Government 66

Articles 10, 12, 13, and 14 66

TEXAS AND THE NATION Which State Has the Longest Constitution? 67

Article 15: Impeachment 68

Article 16: General Provisions 68

Article 17: Amending the Constitution 69

Recent Attempts to Rewrite the Texas Constitution 69 Recent Amendments 69 WHO ARE TEXANS? Who Votes in Texas Elections

Amending the Constitution? 71

CITIZEN’S GUIDE Prohibiting an Income Tax through the

Constitution 74

The Constitution and the Future of Texas 76

Study Guide 77

3 • Texas in the Federal System 81

What Is Federalism? 83

The Pros and Cons of Federalism 83

Federalism in the Constitution 85

State Power under the Articles of Confederation 86

The Federal System under the Constitution 87

Early Constitutional Debates over Federalism 89

The Civil War Amendments and Increased National Power

90

How Does Federalism Work? 92

Dual Federalism 92

Cooperative Federalism 94

TEXAS AND THE NATION Federal Funds to Texas versus Other States 95

Coercive Federalism 96

Independent State Grounds 98

WHO ARE TEXANS? How Do Federal Funds Flow to

Texas? 99

Current Issues Involving Federalism 100

State Regulation of Voting 100

The Affordable Care Act 101

CITIZEN’S GUIDE Federal Oversight of Texas Voting Rights 102

Immigration 105

The Coronavirus, Texas, and Federalism 107

Federalism and the Future of Texas 109

Study Guide 110

4 • Political Parties 115

The Roles and Structure of Political Parties in Texas 117

Texas Party Politics 118

Public Attitudes about Parties 119

The Contemporary Republican Party in Texas 120

The Contemporary Democratic Party in Texas 122

Democratic and Republican Party Organization 123

Third Parties in Texas 125

TEXAS AND THE NATION How Republican Is Texas? 127

The Tea Party Movement in Texas 129

CITIZEN’S GUIDE Which Party Reflects Your Political Beliefs? 130

Parties and Digital Media 132

Texas’s History as a One-Party State 132

WHO ARE TEXANS? When Did Texas Become Republican? 133

The Era of Conservative Democrats 135

The Growth of the Republican Party 135

The Disappearance of Conservative Democrats 137

Texas Party Politics Today 139

Party Unity and Disunity 139

Urban, Rural, and Suburban Influences on Partisanship 140

African Americans in Texas Political Parties 143

Latinos in Texas Political Parties 144

Political Parties and the Future of Texas 146

Study Guide 148

5 • Campaigns and Elections 151

Features of Elections in Texas 153

Primary Elections 153

General Elections 155

Special Elections 156

Participation in Texas Elections 156

Who Can Vote? 156

CITIZEN’S GUIDE Voter Identification Laws 162

Redistricting: Where Do People Vote? 164

Turnout: Who Votes? 165

The Importance of the Republican Primary 168 Campaigns 169

Candidates: Who Runs? 169

Running as an Independent 169

Money 170

Interest Groups 171

Parties 172

WHO ARE TEXANS? Who Votes in Texas Statewide Elections? 173

Strategy 174

TEXAS AND THE NATION How Did Texans Vote in 2020? 175

Public Opinion and Campaigns 176

Media 176

Important Issues in Recent Texas Campaigns 177

Campaigns, Elections, and the Future of Texas 180

Study Guide 181

6 • Interest Groups and Lobbying 185

Interest Groups in the Political Process 187

Resources and Strategies of Interest Groups 187

Interest Groups and Democracy 188

Interest Groups and Policy Makers 190

Types of Interest Groups and Lobbyists 192

Getting Access to Policy Makers 193

TEXAS AND THE NATION Registered Lobbyists: How Does

Texas Compare? 195

CITIZEN’S GUIDE

Lobbying Reform 198

Who Represents Ordinary Texans? 201

How Interest Groups Impact Elections 201

Getting Out the Vote 202

Defeating Opponents 203

WHO ARE TEXANS? Which Interest Groups Contribute the

Most? 205

Individuals as Lobbyists 208

Interest Groups and the Future of Texas 210

Study Guide 211

7 • The Legislature 215

Structure of the Texas Legislature 217

Bicameralism 217

Sessions of the Legislature 218

How Much Do Legislators Get Paid? 220

Representation in the Texas Legislature 220

Redistricting 222

WHO ARE TEXANS? Who Are the Members of the Texas

Legislature? 223

Power and Partisanship in the Redistricting Battle 224

Powers of the Legislature 225

Legislative Powers 225

CITIZEN’S GUIDE Your Role in the Legislature 226

Nonlegislative Powers 228

How a Bill Becomes a Law in Texas 229

Introduction 230

Referral 230

Committee Action 230

Floor Action 231

Conference Committee 235

The Governor 236

TEXAS AND THE NATION How Representative Is the Texas Legislature Compared with Other States? 237

Additional Players in the Legislative Process 238

Power and Partisanship in the Legislature 241

Leadership 241

Centralizing Power: Sources of the Leadership’s Power 242

Partisan Voting in the Texas Legislature 245

The Legislature and the Future of Texas 247

Study Guide 249

8 • The Executive Branch 253

The Governor 255

Qualifications 256

TEXAS AND THE NATION Elected or Appointed

Executive

Officials? 257

Election and Term of Office 258

Campaigns 259

Removal of a Governor 260

WHO ARE TEXANS? Who Elected Governor Greg

Abbott in 2018? 261

Succession 262

Compensation 262

Staff 262

Executive Powers of the Governor 263

Legislative Powers of the Governor 268

Judicial Powers of the Governor 269

The Plural Executive 271

Lieutenant Governor 273

Attorney General 275

Commissioner of the General Land Office 276

Agriculture Commissioner 277

Comptroller of Public Accounts 278

Secretary of State 279

The Plural Executive and the Governor 279

Boards, Commissions, and Regulatory Agencies 280

Multimember Appointed Boards 280

Appointed Single Executives 281

Multimember Elected Boards 281

CITIZEN’S GUIDE Plural versus Single Executive 282

Making Agencies Accountable 285

The Executive in the Age of COVID-19 286

The Executive Branch and the Future of Texas 289

Study Guide 291

9 • The Judiciary 295

The Legal Process 297

Civil Law 297

Criminal Law 298

Court Structure 301

Judicial Politics 307

Initial Appointment of Judges by the Governor 307

Judicial Elections Become Highly Partisan 308

Proposed Reforms of the Texas Judiciary 309

CITIZEN’S GUIDE Judicial Elections and Straight-Ticket Voting 310

TEXAS AND THE NATION Comparing How Texas Selects

Its Judges to the Rest of the Country 315 WHO ARE TEXANS? Who Are Texas’s Judges? 319

Issues in the Texas Court System Today 321

Having Experienced Judges and Funding the Courts

321

Civil Cases and Tort Reform 322

The Regulation of the Legal Profession 323

Judicial Conduct 324

The Courts and Coronavirus 326

The Judiciary and the Future of Texas 327

Study Guide 329

10 • Local Government 333

County Government in Texas 335

What Are the Functions of County Government? 335

Numerous County Offices: Checks and Balances or Built-In Problems? 337

The Challenges of County Government 338

City Government in Texas 343

General-Law versus Home-Rule Cities 343

Local Government and the Coronavirus 346

CITIZEN’S GUIDE State Preemption of Local Laws 348

Forms of Government in Texas Cities 350

Tales of Five Cities 351

WHO ARE TEXANS? Who Governs Texas’s Cities? 355

Special Purpose Districts 357

Types of Special Purpose Districts 357

School Districts 358

Nonschool Special Purpose Districts 358

TEXAS AND THE NATION How Extensive Are Texas’s

Local Governments? 359

Problems with Special Purpose Districts 361

Councils of Government (COGs) 363

Financial Issues Facing Local Government 364

Capital Appreciation Bonds 364

Local Government Pensions 365

Local Government and the Future of Texas 367

Study Guide 369

11 • Public Finance 373

What Is the Budget? 375

Spending and Revenue in Texas 377

Trends in State Spending 378

Revenue in Texas 378

TEXAS AND THE NATION Do Democratic or Republican

States Pay More Taxes? 379

WHO ARE TEXANS? Who Pays the Most State Taxes in Texas? 381

The Question of the Income Tax in Texas 383

CITIZEN’S GUIDE The Texas Tax System 384

Other State Revenue 386

State Funds 387

The Texas Constitution and the Budget 390

The Budgetary Process 394

Estimation and Planning 395

The Legislative Process 397

The Challenge of Budgeting in Texas 399

The Budget Process Today 401

Public Finance and the Future of Texas 401

Study Guide 403

12 • Public Policy 407

The Policy-Making Process 409

Rationality in Policy Making 410

Education Policy 412

The Roots of Education Policy in Texas 412

Desegregation 414

Equity in Funding 415

WHO ARE TEXANS? Who Attends Public School in Texas?

417

Educational Excellence and Accountability in Texas

418

Education Policy in a New Era 420

Welfare Policy 424

Poverty in Texas 424

Welfare in Texas, 1935–1996 426

The Idea of Dependency and Welfare Reform in the 1990s

427

Evaluating Welfare Reforms 429

Medicaid and Health Care Policy 431

Medicaid 431

CITIZEN’S GUIDE Abortion Policy in Texas 434

Broader Health Care Issues in Texas 436

The Affordable Care Act 436

TEXAS AND THE NATION What Are the Trade-Offs in

Texas Public Policy? 437

Public Policy and the Future of Texas 440

Study Guide 442

13 • Crime, Corrections, and Public Safety 447

Policing in Texas 449

Police Departments 449

Texas Commission on Law Enforcement 450

Controversies Surrounding Policing in Texas 450

Categorizing Crime in Texas 454

Felonies and Misdemeanors 454

Punishing Crime 456

The Criminal Justice Process 457

Arraignment and Posting Bail 457

CITIZEN’S GUIDE Bail Reform in Texas 458

Grand Jury Indictment 460

Pretrial Hearings 460

Plea Bargaining 460

Trial and Sentencing 461

Does the Criminal Justice System Create Criminals? 461

Crime and Texas District Attorneys 463

Crime and Criminal Defense 464

Crime, Corrections, and the Texas Prison System 465

History of the Prison System 466

WHO ARE TEXANS? Who Is in Prison in Texas? 467

The Prison System Today 468

The Death Penalty 471

TEXAS AND THE NATION How Does Criminal Justice in Texas Compare with Other States? 473

Self-Defense and Concealed/Open Carry of Handguns

475

The Integrity of the Texas Criminal Justice System 476

How Fair Is the Criminal Justice System? 476

Reforms 478

COVID-19 and Criminal Justice in Texas 480

Criminal Justice and the Future of Texas 481 Study Guide 482

14 • Building the Future: Public Policies for a Changing Texas 487

Transportation Policy in Texas 489

Texas Roads and Highways 489

The Problem with Texas Roads and Highways 490

Highways and the Future 492

Public Transit in Texas 495

Demographic Change in Texas 497

Who Are Texas’s Immigrants? 497

Immigration Policy in Texas 499

WHO ARE TEXANS? Who Is Eligible for DACA? 505

Higher Education Policy in Texas 507

CITIZEN’S GUIDE Higher Education and Immigration 508

Building a System of Higher Education in Texas 511

Financing Higher Education 513

The Coronavirus Challenge to Higher Education 514

TEXAS AND THE NATION Higher Education Spending and Outcomes 515

Setting Goals for the Future: 60x30TX 516

Water Policy in Texas 518

Water Law in Texas 519

Planning Authorities and Water Policy 520

Facing Texas’s Future 523

Study Guide 525

Appendix A1

Endnotes A21

Answer Key A45

Credits A47

Glossary / Index A49

Revisions to the Fifth Edition

In the Fifth Edition of Governing Texas, we have tried to provide students with the most up-to-date account of Texas government and politics. Every chapter was scrutinized with help from dozens of outside reviewers, and

we have tried to provide the most current examples and data throughout the text. Highlights of the Fifth Edition include the following:

Chapter 1 (The Political Culture, People, and Economy of Texas) has been fully updated with the most recent available economic and demographic data. Material has also been added to help students understand the complexity of political culture in Texas and the impact of changing demographics and the coronavirus pandemic in the state.

Chapter 2 (The Texas Constitution) has been updated and refined to include more material on the Texas Founding and the transformation of the Texas Constitution.

Chapter 3 (Texas in the Federal System) has been revised to discuss how federalism is structured in the United States and how it has evolved in Texas over time, including recent decisions in the Texas legislature.

Chapter 4 (Political Parties) has been updated throughout with particular attention to the influence of the Tea Party in state Republican Party politics. The chapter also highlights the role of the Latino community in changing Texas and Democratic Party competition.

Chapter 5 (Campaigns and Elections) includes a new opener highlighting congressional races in 2020, emphasizing why students should care about what happens in elections. This chapter also includes a revamped and updated section on recent changes to electoral practices, including redistricting, voter ID litigation, early voting, straight-ticket voting, and the role of mail-in voting during the coronavirus pandemic.

Chapter 6 (Interest Groups and Lobbying) includes many updated examples and stories to highlight the changing role of interest groups

in state politics, and devotes considerable attention to recent attempts at ethics reform.

Chapter 7 (The Legislature) begins with a new opener highlighting the changing composition of the Texas legislature after the 2018 elections. It includes updated data to reflect the 2020 elections and Dennis Bonnen’s speakership.

Chapter 8 (The Executive Branch) has been significantly rewritten to take into account all the officials in the Executive Branch and recent executive actions during the 2019 legislative session and the coronavirus pandemic. Considerable discussion is directed toward the expansion of executive power during the COVID19 crisis.

Chapter 9 (The Judiciary) begins with a new opener highlighting the new judges elected to the Harris County judiciary in 2018. It has been

updated throughout, with new content added regarding judicial ethics and misconduct, and the role of the judiciary during the coronavirus pandemic.

Chapter 10 (Local Government) has been significantly updated to account for changes in local governments and local officials, and the impact of COVID-19 on local governments. Chapter 11 (Public Finance) has been fully updated with the data made available to political leaders for the 2019 legislative session. An enhanced discussion of the challenges of both budgetary surpluses and deficits is also included, especially with regard to the coronavirus pandemic.

Chapter 12 (Public Policy) has been fully updated. New discussions of the problems facing policy makers in education and health care have been added focusing on the importance of recent court

decisions. Explicit linkages have also been made between theories of the policy-making process and the substantive policy areas.

Chapter 13 (Crime, Corrections, and Public Safety) has been extensively revised to include more on policing in Texas—including controversies around recent instances of alleged racial profiling and police brutality in Texas and around the country—and open carry laws.

Chapter 14 (Building the Future: Public Policies for a Changing Texas) includes new updates on policy areas like transportation, higher education, immigration, and water resources in Texas.

We believe that these changes will assist professors in teaching students the nuts and bolts of Texas government and politics, as well as the broad themes and issues that will shape the Lone Star State in the coming

decades.

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