The Two Governments: Texas vs. Federal

A Comparative Study of Structural Divergence (GOVT 2306)

Tom Hanna, Comparative Analysis Team, University of Houston

2025-10-15

Agenda and Announcements

Agenda Today

  • Lecture:

      - Overview of The second half of the course
      - Differences between Texas and the U.S. on key political dimensions
  • Top Hat Points - Included in lecture presentation

Agenda Next Monday/Tuesday

  • Lecture: Public Opinion

  • Reading:

      - Review Chapter 6: Public Opinion (WTP)
      - https://news.gallup.com/poll/101872/how-does-gallup-polling-work.aspx  -- Take the 3 question quiz and explore any topics of interest or concern: 
      - https://www.pewresearch.org/course/public-opinion-polling-basics/ 
  • Top Hat: Today’s Lecture

Agenda Next Wednesday/Thursday

  • Lecture: Political Parties

  • Reading:

      - Review Chapter 9: Political Parties (WTP)
      - Review Chapter 4: Political Parties (GT)
  • Top Hat: Readings for next week (October 20-23)

Announcements

  • Plenty of points still to come
  • Final Exam will either be proctored in the classroom or online with Respondus Lockdown Browser and Webcam Monitoring (not at your option, at the department’s option)
  • Second half schedule is posted in Syllabus and a Canvas Announcement

Overview of Second Half of Course

  • Politics

      - Public Opinion
      - Campaigns and Elections
      - Political Parties
      - Direct Action and Social Movements
      - Interest Groups and Lobbying
  • Political Issues

      - Costs, Benefits, and Tradeoffs in Public Policy
      - Government Officials Motivations
      - Texas Policy Issues
      - US Policy Issues
      - Global Issues 

Lecture Agenda

  1. Foundations: The Constitutions of Constraint and Grant
  2. Executive Branch: Diffusion of Authority vs. Unitary Power
  3. Legislative Branch: Part-Time Service and Shifting Influence
  4. Judicial Branch: Dual High Courts and Elected Judges
  5. Policy Omissions: Impact on College Students (R1 Status & Taxation)

I. Foundations: The Constitutions of Constraint and Grant

The Core Philosophical Divide

Feature U.S. Constitution (1787) Texas Constitution (1876)
Primary Focus Grants specific power to government. (Limited Federalism) Focuses on limitations and restrictions on government.
Philosophical Goal Stability, Flexibility, Broad principles. Restraint, Prevention of power abuse (Post-Reconstruction reaction).
Bill of Rights Added later (Amendments I-X). Article I: Appears immediately after the Preamble.

Texas vs. US: The Scale of Detail

The Texas Constitution is often called a “Statutory Constitution.”

  • U.S. Constitution (Brief Charter):
    • Approximate Length: 7,591 words.
    • Focuses on broad principles (e.g., Congress can regulate commerce).
  • Texas Constitution (Document of Policy):
    • Approximate Length: 86,936 words (Nearly 20 times as long).
    • Includes specific policy details and limitations, such as:
      • Homestead protection and debtor relief.
      • Detailed rules on Public Lands, Railroads, and Spanish Land Titles.

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Constitutional Amendment: Rigidity vs. Flexibility

The ease of amendment directly relates to the level of detail within the document.

  • U.S. Constitution:
    • Process is Extremely Difficult (\(2/3\) Congress + \(3/4\) State Legislatures).
    • Result: Only 27 Amendments in over 230 years. [1]
  • Texas Constitution:
    • Process is Significantly Easier (\(2/3\) TX Legislature + Majority TX Voters).
    • Result: 498 Amendments and counting.

The hyper-specificity in the Texas Constitution means even minor state policy adjustments often require a constitutional amendment, forcing constant public referenda on legislative details. [1]

II. Executive Branch: Unitary Power vs. Pluralism

Structural Comparison

Feature U.S. Executive (Unitary) Texas Executive (Plural)
Structure Unitary: Power centralized in one President. Plural: Authority deliberately dispersed across multiple offices.
Elected Officials President and Vice-President only (Elected as a pair). Six Article IV Officials (Elected individually).
Accountability Clear: The President is accountable for the administration. Diffused: Officials may belong to different parties, leading to friction.

The Plural Executive: Six Independently Elected Officers

The Texas Governor is the Chief Executive , but shares power with five other independent officials:

  1. Lieutenant Governor (Lt. Governor)
  2. Attorney General (AG)
  3. Comptroller of Public Accounts
  4. Commissioner of the General Land Office (GLO)
  5. Commissioner of Agriculture

.

Who Really Runs Texas? (The Power Broker)

Because the Governor’s power is structurally limited, other officials often wield more influence:

  • The Comptroller’s Budgetary Veto:
    • The Texas Legislature cannot adopt a budget unless the Comptroller certifies that anticipated revenue covers expenditures.
    • This grants an executive officer effective veto power over legislative spending.
  • The Lieutenant Governor’s Legislative Power:
    • The Lt. Governor serves as the President of the Senate and controls the flow of all legislation by appointing committee chairs.
    • This concentration of procedural power makes the Lt. Governor arguably the most powerful official in state politics.

III. Legislative Branch: Part-Time Constraint

Structural Comparison

The Texas Legislature operates under severe limitations that prevent it from being a full-time, professional body like the U.S. Congress.

Feature U.S. Congress (Full-Time) Texas Legislature (Part-Time)
Session Frequency Almost continuous (\(\sim191\) days/year). Biennial (140 days maximum every two years).
Interim Period Committees work year-round. 19-month interim where only the Governor can call and set the agenda for special sessions.
Base Annual Salary \(\sim\$174,000\) (Professional wage). \(\sim\$7,200\) total (\(\$2,700\) salary + per diem).

Consequences: Low Pay, High Influence

The constraints on the Texas Legislature have several unintended consequences:

  1. Narrows Representation: Only the wealthy, retired, or those whose jobs benefit from the legislative process (e.g., lawyers, consultants) can afford to serve.
  2. Empowers Staff and Lobbyists: The part-time elected officials are often outmatched by full-time, professional staff, bureaucrats, and paid lobbyists who work year-round to shape policy.
  3. Increases Executive Power: The Governor’s power to call and dictate the agenda of special sessions is amplified during the long 19-month interim, giving the executive department leverage over the limited legislative calendar.

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IV. Judicial Branch: Dual High Courts

Structural Pluralism at the Top

Feature U.S. Judiciary (Unitary) Texas Judiciary (Plural)
Highest Authority Single, Unitary Supreme Court. Dual Highest Courts (Two Courts of Last Resort).
Highest Civil Court U.S. Supreme Court (All Cases) Supreme Court of Texas (Civil and Juvenile Cases).
Highest Criminal Court U.S. Supreme Court (All Cases) Texas Court of Criminal Appeals (Criminal Cases, including Death Penalty appeals).

Accountability vs. Independence: The Election of Judges

The method of selection highlights the divergence in constitutional values.

  • Federal Judiciary (Independence):
    • Judges are Appointed by the President and confirmed by the Senate.
    • Judges serve for Life Tenure (during good behavior).
    • Goal: Insulate judges from political pressure and public opinion.
  • Texas Judiciary (Accountability):
    • Judges are Elected in partisan, statewide elections (including high courts).
    • Judges serve for Fixed Terms (e.g., 4 years for District Courts).
    • Goal: Ensure judges are accountable to the electorate.

The Trade-Off: While elections promote accountability, they require judges to raise millions of dollars and run on partisan tickets, potentially linking the judiciary to special interest funding and campaign platforms.

V. Policy Impact: What This Means for You

The R1 Engine and State Investment

  • R1 Status and UH: The University of Houston is an R1 (highest research activity) institution. Maintaining this status requires substantial research expenditures ($50M+ annually) and high doctoral production.
  • Student Impact: R1 status directly increases your opportunities for:
    • Scholarships and assistantships.
    • Conference travel and training.
    • Competitive entry into the workforce.
  • Policy Link: This elite status is directly supported by State appropriations and policy priorities set by the constrained, biennial Texas Legislature.

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Taxation Trade-Off: No Income Tax vs. High Property Tax

The Texas Constitution’s deep limitations have tangible financial consequences for students.

  • Constitutional Ban (The Benefit):
    • The Texas Constitution explicitly bans a state personal income tax (Article VIII).
    • Impact: If you work a part-time job or internship, you will see no state tax deductions from your paycheck.
  • The Trade-Off (The Cost):
    • The state must compensate for this lost revenue by relying heavily on high state and local sales taxes, and, critically, high property taxes (local ad valorem tax).
    • Impact: Texas property tax rates are among the highest in the U.S. [8] This elevates the overall cost of living, particularly rent and housing prices, which are indirectly borne by all residents, including students.

Conclusion & Questions

The structural divergence between the Texas and Federal governments is not accidental—it is the result of competing philosophies toward power:

  • Federal: Granting sufficient power for an effective, stable national government.
  • Texas: Limiting, fragmenting, and restricting state government authority at every turn.

These limitations—the Plural Executive, the Part-Time Legislature, and the Elected Judiciary—create a political environment in which the Governor, lobbyists, and staff often gain influence over the formally elected officials.

Authorship and License

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Graphics are from Norton Publishers, produced using Google resources including nano banana, Gemini, or NotebookLM, or original work unless otherwise noted.