Texas Almanac, 1947-1948 Page: 324
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State Government
In the character of its constitution and the
structure of its administrative, legislative and
judicial branches, the State Government of
Texas is after the general pattern of the
Federal Government and the other forty-
seven American commonwealths A few char-
acteristics are derived from the fact that it
once had the status of a sovereign state
among the world's nations The prominence
that,.is given the constitutionally provided
office of Secretary of State is one The impor-
tant General Land Office headed by its Land
Commissioner is another This office, which
came into existence under the Republic of
Texas and was logically continued after an-
nexation because Texas retained for itself all
of its public domain under the annexation
agreement, is unique among the forty-eiiht
state governments (See pp 433 and 434 ) In
the Constitution and statutes of Texas are
also some vestiges of the Spanish sovereignty
that preceded the era of the Republic Note-
worthy is the community property provision
for property ownership by husband and wife
which is adhered to in varying form by Texas
and by eight other southwestern and western
states.
The present State Constitution of Texas
was adopted in 1876 (See pp 51-86 for full
text, preceded by account of preceding six
constitutions adopted under Spanish rule and
under the Republic, the Confederacy and
statehood before and after the War Between
the States )
The chief executive is the Governor serving
a two-year term with the usual duties and
functions of the governors of the American
states, but with somewhat less than average
authority in relation to both the legislative
and the judicial branches of government and
also with relation to the other offices in the
administrative branch In addition to the
Governor, ten of the state's top administra-
tive officers including the three members of
the Railroad Commission are elective The
Governor has wide appointive power, subject
to advice and consent of the Senate in most
instances, in the administrative branch out-
side these positions, but there is little ma-
chinery for co-ordinating the executive offices
under an executive policy The Governor
appoints none of the state judiciary except
for interim tenure He has the customary
veto power which can be ouerriden by two-
thirds vote As a rule the Legislature of
Texas acts with greater independence of
gubernatorial suggestion than in federal or
other state governments This arises partly
from the lack of political need of co-ordina-
tion in a one-party state The limitations
placed upon the Governor of Texas are pri-
marily the result of the fears of oppression
by executive pov'er that weie instilled in the
Texan mind during the era of Mexican so-
ereignty and the carpet-bag rule immediately
after the War Between the States To this
same cause may be attributed the great
length and the many pui ely statutory provi-
sions found in the State Constitution
Administrative System.
The executive and administrative branch
of the Texas State Government is a compli-
cated one, consisting of more than 100 indi-
vidual official positions, boards and commis-
sions At the head stands the Governor,
elected for a two-year term Elective also are
the Lieutenant Governor, Attorney General,
Comptroller of Public Accounts, Treasurer,
Commissioner of Agriculture, Superintendent
of Public Instiuction, Commissioner of the
General Land Office and the three members
of the Railroad Commission All elective
tenures are for two years except the Railroad
Commission, a three-member body with six-
year, overlapping terms The Secretary of
State is an originally established (under the
Republic) constitutional position, and is ap-of Texas-Officials
pointive. Nearly all of the other numerous
officials, boards and commissions are aopoint-
ed by the Governor, usually but not always
"with the advice and consent of the Senate "
In some instances, important positions are
filled by the appointive commissions, notably
the State Highway Engineer, who is appoint-
ed by the State Highway Commission.
On the whole, the system is a heterogene-
ous assembly of governmental devices. It has
developed primarily because of the too-in-
clusive State Constitution, which is about five
times as long as the Federal Constitution
It was adopted in 1876 under the hangover
Influence of the Reconstruction and carpet-
bag rule. (See p 51.) Authors of the document
felt a necessity for writing all government
into the Constitution as a guarantee of indi-
vidual rights. Numerous amendments have
complicated rather than simplified both the
Constitution and the framework of statutory
law and governmental functions that rest
upon it Today the State Government of Texas
is anything but "streamlined" in form or
action How ever it has performed efficiently
considering handicaps, and has been remark-
ably free of corruption. It has been and is
today a thoroughly democratic government.
responsive to the will of the people No politi-
cal machine has ever become entrenched
Until recent years, the Texas State Govern-
ment operated economically, and the rapid
increase in expenditures in recent years has
been primarily for eflucation, highways and
pensions (See pp 353-362.)
Legislature.
The Legislature consists of a Senate of 31
members, elected for four-year terms, and a
House of Representatives which may not ex-
ceed 150 members, elected for two-year terms
It now consists of 150 members from 127
districts. Legislature meets in regular bien-
nial session on the second Tuesday in Janu-
ary in odd-numbered years. (See p. 330 for
pay and length of term ) Special sessions ate
called at the will of the Governor Despite an
amendment in 1930 inceasing the regular
session with full salary of $10 a day from
60 to 120 days, business is seldom finished
in the allotted time Many students of gov-
ernment think the State Legislatu'e has too
many members, and there has been a move-
ment for reduction in its size
State Judiciary.
The state judiciary consists of a State
Supreme Court, Court of Criminal Appeals
having final jurisdiction in criminal cases),
eleven Courts of Civil Appeals and approxi-
mately 130 district courts. (See pp. 331 and
390-395 ) In somewhat less degree than the
administrative branch, the judicial branch
has run to patchwork, and this was measui -
ably remedied by constitutional amendment
in 1945, converting the three-member Supreme
Court with its assisting commission of six
members, into a nine-justice bench. Like the
administrative system, it has always been
singuJarly free of corruption, and is demo-
cratic in its operation The entire judiciary
of Texas is elective e xcept the commission
which assists the Court of Criminal Appeals
District judges are elected for four years.
the appellate courts are three-member benches,
vith six-year terms
The State Board of Control of three mem-
bers is the budget-making body. The fiscal
system is complicated, operated through more
than 100 state funds (See pp. 353-362.)
On following pages is a complete list of the
state administrative officials, including all
members of boards and commissions with
data as to tenure and remuneration, a list of
members of the Legislature and a list of the
state judiciary except the district judges who
are included in the list of District and County
Officials, pp. 385-398.
324
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Texas Almanac, 1947-1948, book, 1947; Dallas, Texas. (https://texashistory.unt.edu/ark:/67531/metapth117136/m1/326/: accessed May 7, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Texas State Historical Association.