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When Texas lawmakers return for a regular legislative session in January, two big things will be different: The governor will have a stronger hand in state law and policy than ever before, and the state’s financial condition will be better than expected. Take the second bit first: Texas Comptroller Glenn Hegar revised the official estimate of how much money is available to the state, adding $2.8 billion to his previous estimate and crediting the state’s robust retail economy for the boost. That’s a partial relief to budget-writing legislators who have been fretting over a projected $7.9 billion hole in the next budget — a difference between what it would take to continue current programs and cover deficits in the current budget and what the state is expected to collect in future taxes. They’re not out of trouble, but they’re in a shallower hole than they feared.
The other big change comes from Gov. Greg Abbott’s quiet assertion of power over rule-making in the state’s executive branch — a letter to state agencies that essentially tells them to ask his office for approval before making new rules and regulations or changing old ones. Passing laws is only the first part of exercising state control. Much of the implementation happens at the state agency level, as the unelected professionals in state government interpret the laws passed by the elected ones. They’re usually quieter about it, but the state government operates, in this regard, the same way the federal government does. Administrative rulings and regulations have at least as much impact on Texans as anything the more closely watched Legislature does. The change is in the governor’s decision to pick up what was designed to be a loose leash. Texas governors appoint the boards that hire the agency heads who make the rules that describe which behaviors are lawful and which ones are not. But they can’t easily fire the people they appoint; this isn’t like a presidential cabinet where the secretaries of various government divisions can be fired for getting out of line. Abbott's letter raises a question: Who should care? (Looking at you, state legislators). Time was, agency officials were very fast to return calls from lawmakers in charge of appropriations and in charge of substantive committees. Also, sometimes, governors. But legislators’ hold on the purse strings was generally more persuasive than the pleas of a relatively weak (by design) chief executive.
Perry, whose strengthening of the state's executive branch — and his stealthy 14-year theft of power from legislators — has gone largely unheralded, started this when he became governor in 2000. Only a former legislator, budget writer, executive agency head and lieutenant governor had the right tool set for this. He actually did know where the bodies were buried in state government, where the power points were and how to move them around. And he took power slowly, gradually seeding state agency offices with former employees, loyalists and others who shared his view of how government should work. It amounted to a subtle but very real shift in power. Now Abbott, his successor, is putting a lawyer's touch on that grab, most recently telling executive branch agencies their proposed rules and rule changes need to go through his office before they're published for public comment. Rules are the things that put laws into effect — an "interpretation" of what the Legislature was trying to do when it wrote a particular statute. What better way to rewire a piece of legislation that doesn't quite suit the executive branch than to take control of the rules? Abbott can’t force the agencies to do that, but he can make it uncomfortable if they don’t — especially if the Legislature isn’t offering any resistance. This isn't the first round of this, either. Abbott successfully weathered a legislative challenge to some of his budget vetoes in 2015, winning — with the support of one of the legislative leaders whose pocket he was picking — a battle his predecessors had regularly lost. Budget-writers regularly hide some state spending in “informational items” they say are outside a governor’s line-item veto authority. To cut to the ending, Abbott took away one of the Legislature’s favored tricks for working around the state’s chief executive. With his rules letter to state agencies, he’s eroding legislative authority again — putting his office in place to interpret how the statutes passed by the House and the Senate should be put into operation by the agencies in his branch of government. It’s subtle, because we’re all accustomed to watching presidents work this way and because a lot of people think Texas governors have similar powers. They do, but only if they assert themselves — and legislators let them.
Watch a video about the Governor's key areas of responsibility. Watch all five videos about the role of the Governor and Victoria's Government House. The Governor as Head of StateAlthough the Governor is appointed by The King as his representative, the Governor exercises the constitutional power of Head of State in Victoria. The Australia Acts 1986 (passed concurrently by the Parliaments of the Commonwealth, the States and the United Kingdom) confirm that the State powers conferred on The King are to be exercised by the Governor and not The King. Thus, the Governor is not subject to the direction, supervision or veto of the Monarch. There are two exceptions to the extent of the Governor’s powers. They are:
Appointment of the GovernorIn Victoria – as is the case in the other States (and at the Commonwealth level in relation to the Governor-General) – The King appoints the Governor on the advice of the Premier. By convention, The King acts in accordance with such advice. The Governor is appointed at The King’s pleasure, meaning that, on the advice of the Premier, The King can shorten a Governor’s appointment. Governors of Victoria typically serve terms of five years, although this period is sometimes shortened or extended by agreement between the Governor and the Premier. The Governor’s inauguration: Read the Governor's speech or watch the ceremony here. Dismissing a GovernorThe Premier can advise The King to remove a Governor from office. This has never happened in Victoria. A mid-term dismissal would likely face close scrutiny by the Parliament, the media and the community and, as such, would be a decision only taken in extreme circumstances. The Lieutenant-GovernorThe Lieutenant-Governor is appointed by the Governor on the advice of the Premier. The Lieutenant-Governor acts as the Governor’s deputy, usually when the Governor is out of the State. In those circumstances, the Lieutenant-Governor deputises for the Governor in relation to limited functions. Role of the GovernorThe responsibilities of the Governor fall into four broad categories:
The Governor is supported in the discharge of her responsibilities by the Office of the Governor, an entity of the Victorian Public Service established under the Public Administration Act 2004. Constitutional responsibilitiesPrimary responsibilityThe primary obligation of the Governor is to oversee the workings of the government of the day to ensure that it acts within the boundaries of the Victorian Constitution and the rule of law. Thus the Governor is, in effect, a steward of our democratic framework and has certain powers and rights which may be exercised to achieve this. These powers and rights are described later. Given the Governor’s place as the head of Victoria’s constitutional structure, it is important that the Governor remains apolitical and impartial. It is for this reason the Governor does not vote in elections. The main constitutional responsibilities of the Governor in relation to the function of the government of the day are to:
Calling an electionIn 2003, the Victorian Constitution was amended such that Members of both Houses of Parliament serve four-year terms and elections occur on the last Saturday in November of the fourth year. On the day on which the Legislative Assembly expires, the Governor must issue writs for elections to the Legislative Assembly and the Legislative Council. Executive CouncilThe ‘Governor in Council’ refers to the Governor acting on the advice of the Executive Council. The role of the Executive Council is dealt with in Part IV of the Constitution Act 1975 (Vic). In any matter that comes to the Governor in Council, the Governor has the right to be consulted by her Ministers, to encourage them and to warn them. However, the Governor is bound to act in accordance with the advice of either Cabinet or the Minister responsible for administering the statutory provision that confers the power. The Governor in Council is not a deliberative body but one that acts on the advice of the relevant Ministers. It follows therefore that the relevant Minister will be accountable to Parliament for any decision that is made. It is clear from this constitutional structure that the role of the Governor is not as a decision maker in the sense that the Governor does not formulate or decide upon Government policy. That role rests with the Executive Government, the members of which are accountable to the Parliament. The Governor at Executive CouncilA Bill is a proposed Act that has not yet been passed by the two Houses of Parliament or has been passed but has not yet received Royal Assent. Once a proposed piece of legislation is passed by the two Houses and is given formal approval by the Governor – that is, given Royal Assent – it becomes an Act of Parliament and becomes the law of Victoria. Dissolving the Legislative AssemblyThe terms of the Legislative Assembly and Legislative Council normally expire automatically after four years. The Governor’s reserve power to dissolve the Legislative Assembly within that period can only be exercised in the following exceptional circumstances:
Appointing and dismissing MinistersAfter an election, the Governor appoints a new government by swearing in the new Premier and Ministers. In this way, the Governor plays a central role in our democratic system by ensuring the orderly transition of power from one ministry to the next. If the government loses an election, the conventions inherited from the Westminster system see the existing Premier and Ministers continue on a caretaker basis until a new government is appointed, thereby ensuring Victoria is never without a government. Convention also requires a defeated Premier to advise the Governor to call on the Leader of the Opposition to form a government and then to tender their own resignation and that of the defeated Ministers. Ordinarily, the Governor accepts the resignations and appoints a new government at the same time. Before such an appointment is made, however, the Leader of the Opposition (the Premier-elect) must assure the Governor that he or she has the confidence of a majority in the Legislative Assembly. Upon being so satisfied the Governor commissions the Premier-elect to form a government. The new Premier and the Members of Parliament nominated by him or her are then sworn in as Premier and Ministers. The Governor’s rightsUnder our system of constitutional traditions it is generally accepted that the Governor has three essential rights in relation to the Government: the right to be consulted, the right to encourage and the right to warn. These rights are closely related and are important rights regarding the advice given by Ministers. In the rare case where the consultation process is exhausted and the Governor continues to have concerns about a proposed action of a Minister, the Governor may formally warn him or her. It is probably this right that reflects the main influence the Governor may have in the constitutional process. The Governor also has the right to warn the Premier (or Minister) of the consequences of a proposed course. This might include a warning of the possibility of the exercise of reserve powers. Such a right would be exercised only in exceptional circumstances. It is important to bear in mind that the Governor is not concerned with the wisdom of a proposal or issues of politics or public policy. These are matters for the elected government. Similarly, it is for the courts to determine the validity or otherwise of an exercise of power. The Governor’s concern is to be satisfied that the proposal falls within the Constitution and accords with the rule of law and the practices and conventions of good government. Reserve powersThe Governor has reserve powers that can be exercised notwithstanding the absence of, or despite, Ministerial advice. The reserve powers are very limited in nature and exist to ensure that Victoria’s system of government operates within the accepted democratic and constitutional framework. They can, however, only be exercised in very exceptional circumstances. In general terms, a Governor should not exercise a reserve power without giving the Premier adequate warning that it may be exercised. This would give the Premier an opportunity to take steps to avoid the need for it to be exercised. Community engagementWatch a video about the Governor's community engagement.As a leader with no political association, the Governor is seen as a symbol of unity who seeks to represent and understand the whole Victorian community and who encourages unity, mutual respect and confidence among its members. One of the Governor’s principal tasks is to promote in Victoria the attitudes that support democracy and create a strong community. The Governor and Mr Howard encourage people in voluntary service, innovation, education, artistic endeavours and sporting achievement, just to name a few. They are patrons of many not-for-profit organisations, which they support in a variety of ways. Community engagement by the Governor and Mr Howard takes many forms. They include:
The Governor and Mr Howard live at Government House, Melbourne. The Governor’s community engagement includes the extensive use of Government House for the benefit of the community. This includes:
Ceremonial dutiesThe ceremonial duties of the Governor include events such as:
International engagementThe Governor has an important role in promoting Victoria’s international economic, social and cultural interests, both at home and abroad. In Victoria, the Governor develops strong relationships with ambassadors and high commissioners, and with the Consular Corps in Melbourne. The Governor also receives visiting heads of state, heads of government and other senior international representatives, often extending an invitation to stay at Government House. Further, the Governor actively engages with Victoria’s international community, for example, through hosting overseas students at Government House, through visiting the Victorian operations of international companies, and through hosting receptions for delegates to major international conferences being held in Victoria. As part of the Governor’s duties and at the request of the Premier, the Governor travels overseas on behalf of Victoria as Head of State. Just as at home, on these occasions the Governor’s role is to build friendship and good relations with other nations and to promote Victoria’s economic, social and cultural interests. Such visits open up opportunities of benefit to Victoria between various international entities and their Victorian counterparts. Watch a brief video about an EU Delegation to Government House and a performance by Westside Circus. |