Texas

State government

Texas has been governed directly under eight constitutions: the Mexican national constitution of 1824, the Coahuila-Texas state constitution of 1827, the independent Republic of Texas constitution of 1836, and the five US state constitutions of 1845, 1861, 1866, 1869, and 1876. This last document, with 410 amendments (through 2002), is the foundation of the state government today. An attempt to replace it with eight propositions that in effect would have given Texas a new constitution was defeated at the polls in November 1975.

The state legislature consists of a senate of 31 members elected to four-year terms, and a house of representatives of 150 members elected to two-year terms. The legislature meets on the 2nd Tuesday in January of odd-numbered years for sessions of as many as 140 calendar days; the governor may also call special sessions, each limited to 30 calendar days. Senators and representatives receive the same pay, pursuant to a constitutional amendment of 1975: $7,200 per year (as of 2002, unchanged from 1999) and $124 per diem living expenses (as of 2002) while the legislature is in session. All legislators must be US citizens, qualified voters, and residents of their districts for at least one year. Further, senators are required to be at least 26 years old and to have lived in the state for a minimum of five years. Representatives must be at least 21 and must have lived in the state for at least two years before election.

The state's chief executives are the governor and lieutenant governor, separately elected to four-year terms. Other elected executives, also serving four-year terms, include the attorney general, comptroller, treasurer, commissioner of agriculture, and commissioner of the general land office. The remaining cabinet members are appointed by the governor, who also appoints members of the many executive boards and commissions. The governor, whose salary was $115,345 as of 2002 (unchanged from 1999), must be a US citizen, at least 30 years old, and must have resided in the state for at least five years prior to election. A uniquely important executive agency is the Texas Railroad Commission (TRC). Established in 1891 and consisting of three members elected for six-year terms, the commission regulates the state's railroads, oil and gas production, coal and uranium mining, and trucking industry. The TRC thus wields extraordinary economic power, and the alleged influence by the regulated industries over the commission has been a major source of political controversy in the state.

To become law, a bill must be approved by a majority of members present and voting in each house, with a quorum of two-thirds of the membership present, and either signed by the governor or left unsigned for 10 days while the legislature is in session or 20 days after it has adjourned. A gubernatorial veto may be overridden by a two-thirds vote of members present in the house of origin, followed by either a vote of two-thirds of members present in the lower house or two-thirds of the entire membership of the senate (the difference is the result of differing interpretations of an ambiguity in the state constitution). Overrides have been rare: the vote in April 1979 by state legislators to override the new Republican governor's veto of a minor wildlife regulation measure affecting only one county was the first successful attempt in 38 years. A constitutional amendment requires a two-thirds vote of the membership of each house and ratification by the voters at the next election.

In order to vote in Texas one must be a US citizen, at least 18 years old, and a resident in the county of registration. Restrictions apply to convicted felons and those declared mentally incompetent by the court.