Test 2 Flashcards
(174 cards)
1
Q
Having a legislature composed of two houses. This legislation was adopted once Texas became its own republic in 1836. It structure mimicked that of the US.
There are 150 House members and 31 Senators in the Texas legislature. An example of bicameralism: The author of a bill in one house that gets amended in another house has the opportunity to reject/accept the bill. This makes it harder to pass a bill in the House therefore giving a check within the legislature.
A
bicameral
2
Q
Senator: Must be a U.S. Citizen, at least 26 years old, qualified voter, resident in Texas for 5 years, and their district for at least one year.
HOR: Must be a U.S. Citizen, at least 21 years old, qualified voter, resident in Texas for 2 years, and their district for at least one year.
A typical legislator is usually white, male, Protestant, college, educated and has a business or professional occupation. Most are attorneys, lawyers, or businessmen/women.
A
requirements to serve in legislature
3
Q
daily payment to a public official engaged in state business. This is usually given on off-session days. These are given because their pay for the on-session season is very low. Legislators themselves can decide what they consider official business on off-session days in order to get extra pay that will supplement their usual salary. It’s a good idea for lawmakers to make little money because it will enable them to commit their service not based on financial incentives.
A
per diem
4
Q
the 140-day session where the legislator meets to pass/reject bills. This happens every two years. This was done to make these sessions like a “part time job” and also limit the power of the legislature. With population growth, 140-day sessions may not be sufficient anymore.
A
regular session
5
Q
session called by the governor that addresses his agenda set and can last no more than 30 days. However, there is no limit to how many sessions the governor can call. This gives more power to the governor
A
special session
6
Q
affects only units of local government, such as a city, county, or a special district. An example would be like creating a community college or opening a Sports Authority store.
A
local bill
7
Q
gives an individual or corporation a special exemption from state law. An example would be giving someone compensation who is wrongly convicted.
A
special bill
8
Q
An expression of opinion on an issue by the legislative body
A
resolution
9
Q
resolution that must pass both the House and Senate and require the governor’s signature. This resolution reinforces the concept of bicameralism and the governor’s powers. An example would be to call on Congress to take a pending action.
A
concurrent resolution
10
Q
A resolution that must pass both the House and Senate with no requirement of the governor’s signature. This resolution gives more power to the House. An example would be resolutions involving to add amendments to the Texas Constitution.
A
joint resolution
11
Q
A resolution that must pass either the House or Senate with no requirement of the governor’s signature. An example would be to appoint employees or recognize achievements of a Nobel Prize winner.
A
simple resolution
12
Q
1) when the member of the legislature gets an idea for a bill and files a copy with the Clerk of the House or Secretary of the Senate.
2) when the bill is assigned to the appropriate standing committee by the Speaker (for House bills) or the Lieutenant Governor (for Senate bills).
3) when the bill is either killed, amended, or heard by the standing committee.
4) bill that has been referred to the standing committee is then scheduled for floor debate.
5) joint committee created to work out a compromise on House and Senate versions of a piece of legislation
6) Is when the governor signs, vetoes, or refuses a bill. demonstrates the governor’s responsibility in the legislative process
A
steps of a bill becoming a law;
1) introduction,
2) referral,
3) consideration by standing committee,
4) floor action
5) conference committee
6) action by governor
13
Q
fundamentally shapes the work of the Texas Legislature, influencing what bills are considered and how far they advance through the long legislative process; also channels the support of well financed interest groups to specific committees and their members; has a strong impact on the reelection opportunities of incumbent legislators; thus shapes both the legislative process and the distribution of power in the Legislature.
Though the presiding officer in each house wields tremendous authority to appoint committee memberships and to refer legislation, once a bill is referred, the responsible committee then enjoys considerable authority to shape the bill.
A
committee system
14
Q
a permanent committee with the power to propose and write legislation that covers a particular subject
A
standing committee
15
Q
A joint committee created to work out a compromise on House and Senate versions of a piece of legislation
A
conference committee
16
Q
a tactic used by the standing committee chair where he kills a bill by setting it aside and not bringing it before the committee. This shows the struggle of getting a bill passed in Texas.
A
pigeonholing
17
Q
according to Texas Constitution, governor’s power to turn down legislation; can be overridden by a ⅔ vote of both TX House and TX Senate; anytime governor vetoes a bill, he/she attaches a message explaining why it was vetoed; illustrates a check and balance over both the governor and the legislature.
A
veto
18
Q
occurs after legislature adjourns, preventing legislature from overriding it (aka a strong veto); provides the governor with excellent bargaining tool because he/she can threaten to veto the bill unless changes are made
A
Post-adjournment veto
19
Q
power of the governor to veto specific provisions (lines) of an appropriations bill passed by the legislature; allows the governor to sign bill and draw lines through specific items, deleting them from the bill, and, except for deleted items, the bill becomes law; only applies to the omnibus appropriations bill; power president doesn’t have
A
line-item veto
20
Q
a tactic used by the members of the Senate to prevent action on a legislation by continuously holding the floor and speaking until the majority backs down. To filibuster, the basic rules the Senate must follow are that they must stand up without leaning, have no food or drink, must talk on topic, and have an audible voice. A filibuster can be stopped with 3/5 vote of Senate. This gives power to the Senate that the House doesn’t have
A
filibuster
21
Q
chief presiding officer of TX House; most important party and TX leader; can influence legislative agenda, fate of individual pieces of legislation, and members’ positions within TX House [currently Joe Strauss];
is elected by membs of House; Pwr rests on getting chosen by membs of House; Can punish with chairmanships and committee appointments (important for getting bills passed); We currently have a more moderate leader in House; Likely matches with most of chamber (not quite w/ Straus)
A
Speaker of the House
22
Q
statewide elected official who is the presiding officer of the Senate; is one of the most important officials in the state and has significant control over legislation in TX- this is where the real power comes from. [currently Dan Patrick]
elected by statewide election; Pwr rests on getting elected and having support in senate to get the rules; We currently have a more conservative leader in Senate; May not match well w/ most of chamber
has executive responsibilities (serving as acting governor when governor is out of state and succeeding governor who resigns, is incapacitated, or is impeached); real power comes from place is legislative process (constitutional pres of senate); has right to debate and vote on all issues when TXS sits as committee has a whole, casts deciding vote on tie; signs all bills and resolns (like Speaker); part of LRB; is chair of LBB and member of other boards and committees
A
Lieutenant Governor
23
Q
TX Legislature is not as partisan as US Congress, but partisanship is increasing; TXH: 51 Dems, 99 Repubs(?); TXS: 11 Dems, 20 Repubs; local issues are more important than those that split representatives and senators across party lines
A
parties in the legislature
24
Q
can usually kill legislation he opposes and often can pass legislation he supports; at start of regular session, members of TXH adopt rules that give him institutional powers sufficient to control work of TXH [1) recognition 2) controls legislative debate (including who speaks and how long debate will last) 3) committee and committee chair assignments 4) setting legislative agenda 5) determining which committee bill will go to (favorable or unfavorable)]
A
powers of the Speaker
25
can usually kill legislation he opposes and often can pass legislation he supports; may only vote in order to break a tie; at start of regular session, senators adopt rules that TXS will follow for next 2 years, they give lt. governor large control over work of TXS (power to decide parliamentary questions and to use discretion in following TXS procedural rules [1) power to decide all questions of order on TXS floor, subject to appeal from members 2) power to recognize members on floor 3) power to break tie on a particular vote 4) power to refer bills to committees (favorable or unfavorable) 5) power to appoint members and chairs to standing committees, subcommittees, special committees, and conference committees]
powers of the Lt. Governor
26
district in which one official is elected rather than multiple officials; it is believed to give minorities a fairer chance at being represented/having their voice and values represented in the legislative system; makes things more equal when considering the disparity among more populous geographic areas (such as in regards to at-large districts)
single-member districts
27
process of redrawing election districts and redistributing legislative representatives in TX House, TX Senate, and US House; usually happens every 10 years to reflect shifts in the population or in response to legal challenges in existing districts; (this is a very partisan and controversial issue, specifically because it involves how representation will be determined and enables the majority party to better ensure their safe seats; TX Legislature must obey federal laws in regards to protecting strength of minority votes, but these laws have become less strict recently)
redistricting (as an issue)
28
absolutely important; A person living in the district from which an official is elected. Constituents are important because legislators tend to conduct legislative activity that addresses the needs of his constituents for the incentive of getting re-elected. This may include from introducing a bill or resolution on their behalf, or meeting with constituent, or writing recommendation letters for them.
constituent [service]
29
all districts should have roughly equal populations; TX must draw legislative districts according to this concept because it enables the population to have fair representation; not really required until US Supreme Court decisions in Baker v. Carr (1962) and Reynolds v. Sims (1964)
one-person, one-vote principle
30
Dan Patrick(R, conservative) and Joe Straus(R, moderate)
Leaders [TXHoR and TXSenate]
31
an executive branch in which power is fragmented because the election of statewide officeholders is independent of the election of the governor. This idea was stressed in the 1876 Constitution after Radical Reconstruction, when the state felt as if the executive had too much power. This results in a decrease of executive power for especially the governor. The plural executive can at times be inefficient because each position have their own agendas and have the power to execute it and can overlap/contradict with the others.
plural executive
32
state official, appointed by the governor, whose primary responsibility is administering elections. [Currently: Carlos Cascos]
secretary of state
33
the elected state official who serves as the state’s chief civil lawyer. Concerned with civil matters and has little responsibility with civil law. The attorney general sometimes has the power to provide advisory opinion on the legality of an action [currently: Ken Paxton]
attorney general
34
is an elected state official who is the manager of most publicly owned lands; [currently George P. Bush]
General Land Office Commissioner
35
elected state official responsible for enforcing agricultural laws [currently Sid Miller]
agricultural commissioner
36
an elected state official who directs the collection of taxes and other revenues and estimated revenues for the budgeting process. This is important because the legislatures cannot spend more than the comptroller’s estimates. This raises the power of the executive; [currently Glenn Hegar]; in charge of certifying the state budget; an ex officio member of the LRB
comptroller
37
SBOE: commissioner of edu is appointed by governor from list submitted by SBOE; he / she is administrative head of TEA and serves as advisor to SBOE
Boards and commissioner
38
was one of most powerful state agencies at one time; regulated intrastate RR, trucks, and bus transportation; supervises oil and natural gas industry in TX; for most of its existence, regulation of oil and gas industry was primary task; is not as important as it used to be because of court decisions, deregulation of transportation industry, other state and federal regulation, and decline in nation's dependency on TX's crude oil production and to maintain prices; used to be one of most economically significant governmental bodies; fracking and drilling appears to be increasing importance of commission, but it will never again be so important
Railroad Commission
39
sets policy for public education (prek-12th prgms supported by state govt) in TX; its rules and regulations are enforced by TEA; with TEA, determines licensing reqs for public school teachers, setting minimum HS grad criteria, establishes standards for accreditation of public schools, and selects public school textbooks; has recently become an ideological battleground re: evolution and cultural contributions of racial/ethnic/gender/religious groups
State Board of Education
40
must be at least 30 years of age, be a U.S. citizen, live in Texas five years before election. They tend me to be white, male, conservative, wealthy, Protestant, middle-aged, with considerable prior political experience
qualifications [required of the governor]
41
only way to remove governor/executive(?) from office; any member of executive or judicial branch may go through this; begins in TXHoR ( a majority vote is reqd to __ or bring charges; if TXH votes for __, trial takes place in TXS and individual is suspended from office and can't exercise any of duties; 1 or more members of TXH prosecute case and chief justice of SCrt of TX presides over proceedings; a 2/3 vote of senators present and voting is reqd to convict; if convicted, executive is removed from office and disqualified from holding any other state office
impeachment process of the executive
42
powers of the governor (7)
1) appointment power: pwr of chief exec to appoint persons to office; very powerful because the governor can appoint people that may help him do his agenda or focus on it more effectively, esp if governs for more than 1 term; allows degree of control over 410+ govtal entities (agencies, commissions, boards) and Secty of State and judges (when there's a new court, vacancy, or resignation); enables govnr to exercise power of patronage; could lead to controversy if appointee makes mistakes in office; TXS must confirm appts (when it meets), this is senatorial courtesy
2) budgetary power: is officially chief budget officer; submits executive budget (indicates his spending priorities); is overshadowed by legislative budget prepared by LBB; has some control over final appropriations bill through use of line-item veto and can declare an emergency and bypass other legislative members of LBB in regards to transferring funds
3) military and police power: is commander in chief of TX's Natl Guard units when they're not under presal orders; can declare martial law; appoints members of commission that directs work of Dept of Public Safety; when circumstances warrant, can assume command of the Rangers
4) message power: any communication btwn govnr and legislature (State of State address, executive budget, lobbying by govner, and personal connections with and use of staff to communicate with and influence legislature)
5) veto power: can sign or veto legislation
6) special sessions: can call as many as he wants and sets agenda for them; called to address critical problems defined by govnr; allows legislature to focus on specific issues
7) granting pardons and reprieves: pardons can only be granted on recommendation of Board of Pardons and Paroles, can grant 1 30-day reprieve to each person
43
using the resources available to give political appointments, confer grants, or special favors to his supporters. This gives more power to the governor
patronage
44
submits executive budget (indicates his spending priorities); is overshadowed by legislative budget prepared by LBB; has some control over final appropriations bill through use of line-item veto and can declare an emergency and bypass other legislative members of LBB in regards to transferring funds
budgetary powers of the governor
45
commander in chief of TX's Natl Guard units when they're not under presal orders; can declare martial law; appoints members of commission that directs work of Dept of Public Safety; when circumstances warrant, can assume command of the Rangers
police powers of the governor
46
commission created in 1975 for the purpose of reviewing the effectiveness of state agencies; 12-member commission (5 from TXS, 1 public member apptd by Lt. Govnr, 5 from TXH, 1 public member apptd by Speaker); through the process overseen by this, agencies must document its efficiency, extent to which it meets legislature mandates, and its promptness and effectiveness in handling complaints, and it must establish continuing need for its services; this recommends to legislature that 1) agency continues as is 2) agency continues but with changes (reorganization, new focus for agency, or merger with other agencies) or 3) agency is abolished
Sunset Advisory Commission
47
1) message power: any communication btwn govnr and legislature (State of State address, executive budget, lobbying by govner, and personal connections with and use of staff to communicate with and influence legislature)
2) veto power: can sign or veto legislation
3) special sessions: can call as many as he wants and sets agenda for them; called to address critical problems defined by govnr; allows legislature to focus on specific issues
legislative powers of the governor
48
veto of a bill that occurs after legislature adjourns, preventing legislature from overriding it (aka a strong veto); provides the governor with excellent bargaining tool because he/she can threaten to veto the bill unless changes are made
post-adjournment veto
49
except for Secty of State, ea member of plural exec is directly accountable to public through elections; is also accountable to legislature through 1) budgetary process [money given to agencies] 2) Sunset Review [can lead to reform or elimination] and 3) impeachment process [legislature determines grounds for impeachment; ultimate check on exec]; bc plural executive is responsible to those who elect them, the exec branch is less cohesive / doesn't answer to each other / isn't usually forced to compromise on achieving own agenda
problem of executive accountablility
50
The highest civil court in Texas; consists of nine justices and has final state appellate authority of civil cases. This shows a hierarchy of power within the Texas judicial system. Requirements to be a Supreme Court Justice is that one must be a citizen of US, resident of TX, be at least 35 years old, and had 10 years of law or judging experience. Judges are elected in 6-year terms.
TX Supreme Court
51
The highest criminal court in Texas; consists of nine judges and has final state appellate authority over criminal cases. The most important task this court has is whether or not appealing death penalty cases
TX Court of Criminal appeals
52
4 intermediate level appellate courts that hear from district or county courts to make sure the lower courts followed the legal principles. These courts are under the highest civil and criminal court, hierarchically speaking.
courts of appeal
53
The major trial courts in Texas that have general jurisdiction for both civil and criminal cases. This is below the courts of appeal. The only cases that skip the hierarchy to and directly go to the Court of Criminal Appeals are the cases that have assessed the possibility of a death penalty; state trial courts of general and special jurisdiction
district courts
54
The courts presided by county judges. Hierarchical-wise, these courts are in equivalent level to the district courts; county trial courts of limited jurisdiction
county courts
55
Local trial courts with limited jurisdiction over violations of city ordinances and very minor criminal misdemeanors. These courts have jurisdiction over violations of city ordinances. They are of equivalent level of the Peace Courts.
municipal courts
56
Local trial courts with limited jurisdiction over small claims and very minor criminal misdemeanors. Mostly handle with traffic violations. Are the lowest type of courts in the Texas judicial system.
Justice of the Peace courts
57
the person in each of Texas’s 254 counties who presides over the county court and commissioners' court, with responsibility for the administration of county government; some carry out judicial responsibilities; This position is unusual and is a unique aspect in the judicial system of Texas.
county judge
58
public officials who prosecute the more serious criminal cases in the district court; represent the state in felony cases
county district attorney
59
branch of law that regulates the conduct of individuals, defines crimes, and specifies punishment for criminal acts. Here, the state accuses individuals of violation, and if the person if guilty it often results in loss of liberty or life.
criminal law
60
branch of law that deals with disputes, usually between private individuals over relationships, obligations, and responsibility. The solution is often for one party to pay the other
civil law
61
a criminal case in which the death penalty is a possible punishment. The prosecutors that present these cases are usually young and inexperienced. They will then become private lawyers once they gain experience, because of more pay
capital case
62
standard of proof in a civil jury case where a plaintiff must show that the defendant has more likely caused harm in the case.
preponderance of the evidence
63
legal standard in criminal cases, which requires the prosecution to prove that a reasonable doubt of innocence does not exist.
beyond reasonable doubt
64
Except for municipal judges, who are appointed by the local judges, all judges are elected through partisan elections. However, governors still appoint judges to fill vacancies prior to an election. This has created a controversy since minority judges are not elected through the appointment system. At the same time, the election system is not that much better because many people vote for judges because of the party label and not so much for the individual. Judicial elections have in turn become more expensive in order to bring more awareness of the candidates to the people.
selection of judges
65
the first is more expensive bc candidates need more money to run successful campaigns and enables voters to vote for the label more than the person while the second is a judicial reform under which judges would be nominated by a blue-ribbon committee, would be appointed by the governor, and, after a brief time in office, would run in a retention election
partisan selection v. merit selection
66
written statement issued by a grand jury that charges a suspect with a crime and states that a trial is warranted. This is known as a “true bill.” Sometimes, when the jury thinks that the warrant is not needed, it is known as a “no bill.”
indictment
67
serious criminal offense, punishable by a prison sentence or a fine. A capital felony is punishable by death.
felonies
68
minor criminal offense, punishable by a fine or jail sentence.
misdemeanors
69
deals with civil cases in which one person has been harmed by the actions of another (eg: medical malpractice); in early to mid-1980s, court tended to be sympathetic to plaintiff (the person suing) in these cases; by late 1980s, more justices began favoring defendants bc Repub justices began to be elected and they were more conservative than the previous (Dem) justices and bc interest groups that were harmed by pro-plaintiff tendencies of court began to organize and raise and spend $ to elect justices sympathetic to their view; is essentially limiting how much people can sue business
tort reform
70
an organization of plaintiffs' lawyers that frequently allies with consumer interests; many of these customers sue large bsns; interests of these lawyers and their clients are very close bc lawyers are paid on contingent fee basis (they make a living off of suing people); for long time, was the most important interest group in TX bc Dems were supporters of ppl being able to sue; as Repub party got more pwrful, they turned to defendant lawyers and TX could no longer be considered a pro-suing state
Trial Lawyers Association
71
occurs through the State Commission on Judicial Conduct (a 13-member [serve 6-yr terms] commission charged with investigating allegations of judicial misconduct and disability and is charged with the discipline of judges; has a staff of 14; two attorney members are appointed by state bar the six judicial members are appointed by the SCrt of TX (one from each court level), and 5 are citizen members who can't be judges or lawyers and are appointed by governor; all are confirmed by TXS); complaints come from public, attorneys, and members of judiciary; problems of commission include 1) conflict of interest with SCrt, 2) lacks transparency in decision making 3) is only means for regulating ethical and legal conduct of TX judges, outside of impeachment and criminal prosecution; most of disciplinary actions of the commission involve private sanctions (severity= admonitions < warnings < reprimands); disproportionate share of sanctions goes to JPs
disciplining judges
72
primary functions of it are construction and maintenance of ___ roads and bridges, law enforcement, dispute resolution, record-keeping, and social services; sheriff is chief law-enforcement officer; powers of it are greatly restricted by the state legislature
county government
73
the main governing body of each county. Has the authority to set county tax rate and budget. The current structure of this court is one county judge and four commissioners (each commissioner is elected from ¼ of county population.)
county commissioners' court
74
the person in each of Texas’s 254 counties who presides over the constitutional county court and county commissioner’s court, with responsibilities for the administration of the county government. Some also carry out judicial responsibilities. They serve four-year terms.
county judge
75
Government, precinct-level, official (four per county) on the county commissioners' court whose main duty is the construction and maintenance of roads and bridges. This aspect of their work has brought political controversies with rural residents.
county commissioner
76
precinct-level county official involved with serving legal papers and, in some counties, enforcing the law, only if the counties are large; they have the authority to patrol, to give tickers, and to make arrests
constable
77
county official who prosecutes lesser criminal cases in the county court.
county attorney
78
public official who prosecutes the more serious crimes in the district court.
district attorney
79
county official who is the main record-keeper of county court documents.
county clerk
80
public official who is the main record-keeper of district court documents.
district clerk
81
public official who maintains the county tax records and collects the taxes owed by the county; sheriff performs this job in smaller counties
county tax-assessor and collector
82
public official, appointed by the district judges who receives and disburses county funds; in large counties, this official also prepares the county budget.
county auditor
83
creations of the state; may be under home-rule or statutory law; politics at this level is at its most basic (matters directly and routinely affect people's lives)
municipal governments
84
the rules under which a city operates and its form of government; may grant the power to annex land (a municipal constitution); local governments have considerable independent governing power under these charters; must be consistent with the state constitution and are only for cities of 5000+
home-rule charter
85
for cities and towns of fewer than 5000 ppl; these "general-law" cities may act or organize themselves only as explicitly permitted by ____ laws passed by state legislature; constitutional law limits what they can do [they can levy, assess, and collect taxes as authorized by ___, but constitution sets a max property tax rate]
statutory cities
86
home-rule cities have 3 major ones:
1) mayor-council
2) commissioner
3) council-manager
forms of municipal government
87
a form of city government in which the mayor is the chief executive and the city council is the legislative body; can be either strong mayor-council variation or weak mayor-council variation; mayor is elected from city in at-large election and council is either elected at-large, from single-member districts, or a combo
mayor-council form
88
in the first, the mayor’s powers enable him to control executive departments and the agenda of the city council. In the second, the mayor’s power is more limited (allows power to be fragmented among the mayor and other public officials in order to prevent tyranny)
strong mayor v. weak mayor form
89
A form of city government in which the city is run by a small group of elected commissioners who act in both legislative and executive capacities. This was made in response to a devastating hurricane that hit Galveston in 1990; not good for large cities
commissioner form
90
A form of city government in which public policies are developed by the city council and executive and administrative functions are assigned to a professional city manager who serves as chief exec and administrative official; originally, the Council members received little or no pay but were expected to be motivated to do service for the public good, not for professional politicians; mayor was selected from council; now, they vary across TX in a # of ways
council-manager form
91
A unit of local government that performs a single service, such as education or sanitation, within a limited geographic area; #s have increased dramatically; can do almost anything that is legal; two categories: school and nonschool
special districts
92
A special district that offers services such as electricity, water, sewage, and sanitation outside the city limits.
MUDs (municipal utility district)
93
A specific type of special district that provides public education in a designated area.
school district
94
Any special district other than a school district; examples include municipal utility districts (MUDs), hospital districts, economic development corporations, fire prevention districts, etc.
non-school special district
95
A term that refers to special districts of which many citizens are unaware.
hidden government
96
A regional planning board composed of local elected officials and some private citizens from the same area; meant to help face problem of coordination across boundaries of local governments; provided for by the Regional Planning Act; they plan for economic development
COGs (councils of government)
97
A long-term, high-interest-paying bond that pays off both principal and interest in one lump sum when the bond reaches maturity. Raises revenue when the area is undergoing a rapid population growth; used especially by school districts to build with tax commitment over next 30 yrs (take future income stream so you can have something now)
CABs (capital appreciation bonds)
98
budget for a nondedicated revenue account that functions as TX’s primary operating fund; it is the place where most state taxes and fees flow; includes 3 educational funds (Available School Fund, State Textbook Fund, and Foundation School Fund); expenditures may be made directly from nondedicated funds and may be transferred to special funds/accounts for allocation; consists of 2 parts: nondedicated general revenue (state’s primary operating fund, place where most state taxes and fees flow) and general revenue-dedicated (where special funds are) accounts
General Revenues Fund Budget
99
budget composed of funds for dedicated revenues that target money for specific purposes; includes such funds as State Parks account and the college operating accounts (which hold tuition funds); legislature can appropriate money from these accounts only for their dedicated purposes, and the balances in this budget are used to certify that the constitutional “pay-as-you-go” limits are being met; serves as check on budget?
Dedicated Funds Budget / General Revenue-Dedicated Funds Budget
100
state budget that includes all grants, payments, and reimbursements received from the federal government by state agencies and institutions; highlights fact that TX requires federal funding to properly operate and fund responsibilities
Federal Funds Budget
101
budget consisting of all other funds flowing into state treasury that aren’t included in other state budgets; includes the TX Highway Fund, various trust funds operated by TX, and certain revenues held for local higher education accounts
Other Funds Budget
102
budget that aggregates all monies flowing into state treasury and all state spending; this is the aggregate of the GRF, the GRDF, and FFb, and the OFb, referring to all spending that goes through agencies, including federal and state programs
All Funds Budget
103
TX __ less than other states; employs less state workers than other states; TX ranks low on per capita flowing out (but hi on per capita flowing in); ___ has only risen slightly in past two decades; keep in mind there's a lot of federal money flowing into TX
trends in spending
104
taxes are important; by measures of state tax ___ per $1000 of personal income and per capita state tax ___s, TX's "low tax" reputation is well-earned; there is no income tax in TX, sales tax is high;
sales tax is most important; oil and natural gas prdcn and regulation -> ___ varies with price and volume; ___ comes from sales tax, oil prdcn and regulation taxes, natural gas prdcn tax, motor fuels tax, motor vehicle sales and rentals and mnfctrd home sales tax, franchise tax, tobacco taxes, alcoholic beverage taxes, utility taxes, hotel and motel tax, inheritance tax (no longer collected), and others
trends in revenue
105
a tax imposed by TX on natural resources such as oil and natural gas extracted for use in another state; based on a percentage of market value of produced; likely used to fund education in TX
severance tax
106
is 6.25% of the retail sales price of tangible personal property and selected services; county, city, and metropolitan transit authorities can also impose up to 2% more for a maximum combined rate of 8.25%; is high compared to other states
sales tax
107
imposed on all corporations in TX; is now a "margins tax" based on "taxable margin" instead of on taxable capital and on earned surplus; "taxable margin" is the lesser value derived from either 1) 70% of total revenue 2) total revenue minus cost of goods sold 3) total revenue minus total compensation and benefits 4) total revenue minus $1 million; goals in reworking this tax were to make it more difficult for corporations to escape the tax and to offset some of costs of property tax reform
franchise tax
108
does not exist in TX, which keeps overall tax rates down; is argued to be a more reliable source of revenue for a state and can be made fairer bc it can be made progressive
income tax
109
type of tax where tax burden falls more heavily on lower income individuals; sales and use taxes in TX are regressive; property taxes on individuals and businesses are somewhat regressive; poor homeowners and renters generally pay more of their income in property taxes than the wealthy do
regressive taxes
110
type of tax where burden falls more heavily on the upper-income individuals; people with lower income pay lower tax rate than people with higher income; usually an income tax will be progressive, but TX does not have an income tax (one of reasons it is so attractive to businesses); there have been calls for the institution of a state income tax in TX, but few politicians are willing to support it, and it is unlikely Texans will have a personal income tax in foreseeable future
progressive taxes
111
created in 1854 and provides monies for primary and secondary schools; the second-largest educational endowment in the country; is managed primarily by the SBoE; distributes money to school districts across TX based on attendance and guarantees bonds issued by local school boards, enabling them to get lower interest rates in bond markets; concern is generational equality (future generations aren’t to be sacrificed to solve current budgetary shortfalls); shows importance of funding education in TX that relates to founding of Republic of TX
Permanent School Fund
112
established by constitutional amendment in 1988 to provide funds for TX during times of financial stress; is aka the Rainy Day Fund; generated by a formula involving the base year 1987; if collections from oil and gas taxes exceed 1987 base year amount, 75% is transferred to ESF; half of any “unencumbered” general revenue (revenue not already targeted for a specific purpose) also goes to ESF; legislature has authority to contribute additional funds but never has; TX tries to prepare for budgetary shortfalls, which seems to be required for balanced budget
Economic Stabilization Fund (Rainy Day Fund)
113
dedicated fund established by constitution for support of public education in TX; funded through the PSF and 25% of TX’s motor fuels tax; also provides funds for the Instructions Materials Fund (funds state purchases of instruction materials); another way to illustrate importance of funding education in TX that relates to founding of Republic of TX
Available School Fund
114
established in 1876 and funded from proceeds from land owned by state; monies go to various universities in the UT and Texas A&M systems; established by land grant; according to TX Constitution, all surface lease income goes to Available University Fund (AUF) [fund set up to distribute __ monies]; mineral income and proceeds from sale of __ lands go into __ and are invested; the first obligation of any income earned by __ is to pay debt service on outstanding __ bonds; shows importance of funding education in TX
Permanent University Fund
115
TX has a "dual-budget" system where responsibility is shared by the GOBPP and the LBB, but in practice, the budget is primarily the responsibility of the legislature; involves two stages: 1) development of a draft budget by the LBB 2) legislative process (appropriations bills make their way through the committee process); comptroller has formal authority to certify the budget; budget then goes to governor for him to sign, not sign, veto, or line-item veto
budget process
116
found in Article 3 of TX Constitution; requires state to maintain a balanced budget; all bills that get as far as appropriations in legislative process must be sent to comptroller of public accounts so he/she can certify the bills are within the available budget limit projections; puts comptroller at heart of budget process
pay-as-you-go limit
117
found in Article 3 of the TXC; provides that amount of $ state pays for assistance to or on behalf of needy dependent children and their caretakers shall not exceed 1% of state budget in any biennium; sets a constitutional lmt on amt of $ state may pay out to welfare beneficiaries under TANF; expenditures on Medicaid aren't included in this spending lmt
welfare spending limit
118
under a constitutional amendment passed in 1985 (now Article 16, section 69), the legislature was empowered to establish rules for expenditures of funds by state agencies; between legislative sessions, the governor or LBB may propose 1) that an agency stop spending $ appropriated to it in budget 2) that $ may be transferred from one agency to another or 3) that the purpose for an appropriation to a particular agency be changed; if governor proposes changes, LBB must approve or amend proposal and vice verse
budget execution authority
119
under 1997 amendment to Article 3 of TXC, legislature can't authorize additional debt if the resulting debt service ($ spent by state to pay off debt, including interest and principal payments) is greater than 5% of average General Revenue Fund revenue for 3 preceding fiscal years (excludes dedicated spending); essentially, TX state debt can't be more than 5% of state revenue
debt limitation limit
120
estbd in 1949; a 10-member board whose primary job is to recommend appropriations for all agencies of state govt; lieutenant governor is chair; speaker is vice chair; other members include chairs of House Appropriations committee, House Committee on Ways and Means, Senate Finance Committee, and Senate State Affairs Committee; 2 additional members from each TXH and TXS are chosen by lt govnr and speaker, respectively; appoints a budget director who brings together budgeting requests from state agencies and prepares appropriations bills for them; is also responsible for evaluating agency programs and developing estimates of probable costs of implementing legislation introduced in a legislative session; its draft budget is the basis for final legislation
Legislative Budget Board (LBB)
121
what gets attached to a bill that explains what the costs are; also a publication of the comptroller’s office (but we are talking about what gets attached to bill)
fiscal notes
122
the enacted budget must be balanced; the budget put forth by the legislature must be balanced; a balanced estimate of future financial income and outgo, exists when projected income from tax revenues is equal to or exceeds the projected expenditures; one of most distinguishing characteristics of public finance in TX is that the TX Constitution mandates that the legislature operates within a balanced budget
balanced budget requirements
123
is done by the comptroller; under Article 3 of TXC, comptroller has formal authority to "certify" the budget; means he/she confirms comptroller's office has analyzed budget and concluded it's within current revenue estimates; means the budget is being declared balanced; if budget isn't certified, it goes back to house it originated from and legislature must either decrease expenditures or raise revenues to make up the difference (may also utilize a 4/5 vote in each house to spend in excess of anticipated revenue)
budget certification
124
composed of representatives from TXS and TXH; senate members are selected by lt govnr or PPT of Senate; senator sponsoring the bill (tradly the chairman of Senate Finance Committee) appoints the chair of the TXS conferees; at least 2 members from the SFC must sit on the conference committee; speaker of House appts all conferees from TXH as well as chair of TXH conferees; tradly, TXS and TXH representatives alternate chairing this; rules govern how they reconcile differences, but membership to this is prized bc there's still room for political maneuvering on part of ___
budget conference committee
125
began in 2008 and leading to crises extending even four years(+) later, with particular difficulty from 2009-2011; greatly affected economy and federal and state budgets; caused state leaders to face a series of budget crises; TX XPd delay in its full impact in part bc 1) LBB projections in Jan 2009 for tax revenues for 10-11 biennium grossly underestimated impact on tax revenues and 2) TX had initially been protected from worst of it by an infusion of federal funding; led to decline in sales tax revenue; partially cause of financial shortfall in 2011 and 2012-2013 biennium
Great Recession
126
first stage of policy making process; society at large at actors in a political system develop an understanding of how we must think about and address a particular problem; used as a framework to understand the nature of public problems and to shape and direct the way policy makers will develop public policy aimed at them
problem identification
127
second stage in policy making process; the more general ideas that we have about social and political problems become clarified and strategies for dealing with these specifically defined problems are developed; involves the detailed procedures in passing legislation and in making administrative rules and regulations; interest groups get involved here
policy formulation
128
third stage in policy making process; goals of public policy along with incentives or sanctions to support them are put into effect by a particular government agency; identifying appropriate agency to implement a program is crucial at this stage; budgetary policy plays a major role in this stage and can determine success or failure of a particular public policy
implementation
129
fourth stage in policy making process; at certain point, all public policies are evaluated for their effectiveness; good evaluation procedures would assess the stated goals of a particular policy agenda against the actual outcomes of the implemented policy and would lead to rethinking of the public policy in light of the problem being addressed and solutions formulated to address the problem, such as strategy and resources being used; closing the loop between problem identification and evaluation is one of most difficult problems facing policy makers
evaluation
130
idea that in public policy making that we have clearly identified goals that we seek to achieve these goals in an optimal / efficient manner; rationality appears to be lacking because of the complexity of identifying, writing, implementing and evaluating policy amid the incremental way in which government works and fact that policy makers are people who don’t always behave rationally / efficiently
rationality
131
idea in policy making that decision makers may seek satisfactory solutions to problems that aren’t even necessarily optimal or efficient; satisficing by many individuals and groups in policy making process can lead to less-than-rational and less-than-efficient public policy
bounded rationality
132
idea that policy will be developed that will maximize the outputs of government with minimum commitment of resources
efficiency / optimality
133
legislation passed in 1949 that supplemented local funding of education with public monies, raised teachers’ salaries, mandated a minimum length for the school year, and provided for more state supervision of public education; school districts were consolidated into 2900 administrative units, state equalization funding was provided supplement local taxes, teachers’ salaries increased, and a minimum of 175 teaching day school year were established; laws established the Texas Education Agency (TEA) to supervise public education in TX
Gilmer-Aikin Laws
134
estbd by the Gilmer-Aikin Laws; originally known as the State Dept of Education; job is to supervise public education in TX; responsible for setting standards for public education, for supervising public schools of TX, and for handling federal funds related to public education
Texas Education Agency (TEA)
135
a legal doctrine in US constitutional law that justified and permitted racial segregation as not violating the 14th Amendment to the USC (which guarantees equal protection under the law to all citizens) and other federal civil rights laws; came about in Plessy v. Ferguson (1896); claimed facilities, institutions, and services could be segregated so long as they were "equal" (not the case in regards to TX / Southern schools)
separate but equal
136
landmark constitutional law case of the US SCrt; upheld state racial segregation laws for public facilities under the doctrine of "separate but equal"; upheld validity of the state-imposed racial segregation of TXC of 1876; segregated schools were separate but not equal
Plessy v. Ferguson (1896)
137
overturned Plessy v. Ferguson; state-imposed segregation of schools violted EPC of 14th Amendment; school districts ordered to desegregate schools "w/ all deliberate speed"
Brown v. Board of Education (1954)
138
didn't happen very fast in some districts; further hampered by political oppression at state and local levels; in 1957, TX Legislature passed laws encouraging school districts to resist federally-ordered desegregation, altho Gov. Daniel Sr chose to ignore them; by late 1960s, legally segregated schools were of past, but de facto segregation remained a problem, especially in urban areas with large minority populations (a large # of middle and upper income whites abandoned public school systems for suburban public schools or private schools)
desegregation of public schools
139
affects education policy and politics in TX, esp in last 30 years with court cases of San Antonio v. Rodriguez and Edgewood v. Kirby; deals with the idea of education being fair and impartial, esp in relation to funding
equity in public schools
140
landmark case involving the constitutionality of using property taxes to fund public schools; Edgewood ISD could not raise as much money as other school districts; in 1971, court ruled that Texas school finance system was unconstitutional under the equal protection clause of the 14th Amendment, but an appeal to the US Supreme Court overturned the decision in 1973 (ruled that states such as TX weren’t required to subsidize poorer school districts under the equal protection clause of the US Constitution
San Antonio v. Rodríguez
141
provides that no state shall deny to any person within its jurisdiction "the equal protection of the laws"; the basis for civil rights and equality and protection of minorities
equal protection clause
142
second landmark case involving financing of public schools; Edgewood ISD considered whether funding system of public schools through local property taxes fulfilled the TX Constitution’s provisions on education (duty of state legislature to establish and make provision for support and maintenance of an efficient system of free public schools); In 1988, Texas Supreme Court held that funding system violated the TX Constitution, saying that education was a fundamental right under TX Constitution and that the current system violated the efficiency clause → Court demanded a standard of “substantially equal access to similar revenues per pupil at similar levels of tax effort” → ordered legislature to implement an equitable system by 1990-91 school year; eventually culminated in proposals such as the “Robin Hood” plan
Edgewood v. Kirby cases
143
Two strategies:
Top-down: Regulatory agency tells schools here are the rules; if they fail, they get penalized (state takes funds away); Problem: if you give more money to failing schools, you’re just giving failing school more money; if you give failing school less money, you’re giving less money to failing school!; Appeal to regulation (Perot reforms, testing)
Bottom-down: Money leaves public schools: parents give money to go somewhere else (via charter school or voucher program) -> compels public schools to get better; Appeal to competition: vouchers, charter schools; Giving it back to the state to figure out
problem: rural areas want good public schools
accountability
144
first round in debate over excellence and accountability in public school sys; included the "No Pass, No Play" reform (students not passing class can't participate in any extracurricular activities for next grading period of 6 wks), new standards for students' attendance and performance, annual school performance reports and tighter accreditation standards (schools that didn't meet these lost state funds), a longer school year, and a professional career ladder for teachers (tying pay raises to performance)
Perot Reforms
145
replaced TEAMS in 1990; focused on minimum academic skills in reading, writing, and math at grade 10
TAAS (Texas Assessment of Academic Skills)
146
implementation of it in 2003 pushed statewide testing across state-mandated curriculum, requiring students to pass exit-level tests in English, math, science, and social studies; replaced by STAAR
TAKS (Texas Assessment of Knowledge and Skills)
147
replaced TAKS; included 15 end-of-course exams across curriculum for grades 9-12, beginning in 2011; idea was to have passing standards increased with subsequent administrations of the exam; schools would be held accountable for their student performance; in process, it was hoped that public edu in TX would increase in quality; after 2013 legislative session, legislature cut the # of required exams from 15 to 5, and testing was no longer center stage when measuring accountability
STAAR (State of Texas Assessments of Academic Readiness)
148
perceived failure of edul reform in efforts based on testing and accountability -> new ideas in public edu, and this was one of them; drawing on idea from early 60s, offered up by conservatives, esp Tea Party wing; idea is an increase in competition in school system by letting funding follow the students (if public school doesn't work, let parents + students opt out and take their funding with them); criticisms include that middle and upper income students will leave poorer students behind in poorly funded public schools
for long time has been repub / conserv issue; idea is that each pupil is given money and they can go to whatever school they want to and spend it; idea now is that state determines which school is working and which isn’t; this idea is that students will decide which schools are working by taking the money with them; in 1960s, Dems were for it, issue was that Catholic schools couldn’t be paid for by state funding and segregation issue; now, kicker is that what used to be a conservative, religious freedom issue is now minority students who are told they have to go to a certain school that is failing and their wanting to go to better schools
vouchers
149
an alternative to vouchers; idea is to make more options available to parents and students, esp in places where schools are underperforming; part of a larger reform package in 1995 (authorized the estbment of ___, which would be given increased flexibility to deliver edu to student populations with special needs); working under their own charter and granted freedom to manage their own schools, they operate under TEA and receive their own accountability ranking based on test scores; receive state funding but don't receive local tax revenue or funding for facilities; are able to receive privately raised funds; there's a cap on open-enrollment charters and a waiting list of students to get into the schools
(idea that state money will go to charter schools to compete with public schools to meet needs of poor minority students and get them into college; charter school program got very big; money is transferred from ISDs to charter schools (charter schools are set up to receive public funding and have more freedom in how they educate, but must still meet state standards; question is do we control by having competition from bottom-up or via the whip from top-down with standards and regulations
charter schools
150
since 2003 has been responsible for overseeing TX's health wand human services system, including the Dept of Familly and Protective Services, the Dept of Assistance and Rehabilitation Services, the Dept of Aging and Disability Services, and the Dept of State Health Services; responsible for coordinating, determining eligibility for, and administering the major welfare and antipoverty programs in TX, including TANF, Medicaid, SNAP, and other programs that address family violence, provide disaster relief, and settle refugees
Texas Health and Human Services Commission (HHS)
151
1930s programs to stimulate the national economy and provide relief to victims of the Great Depression; prior to 1930s, welfare was largely considered to be a state and local responsibility, but the Great Depression overwhelmed many state and local welfare arrangements → federal government expanded its role in addressing the needs of the poor and unemployed
New Deal
152
statutory procedure or social effort designed to promote the basic physical and material well-being of people in need; financial support given to people in need / an agency or program through which such aid is distributed; (e.g.: Medicaid)
vs
any government-sponsored program where 1) the benefits, eligibility requirements and other aspects of the program are defined by statute 2) explicit provision is made to account for the income and expenses (often through a trust fund) 3) it is funded by taxes or premiums paid by (or on behalf of) participants (but additional sources of funding may be provided as well) and 4) the program serves a defined population, and participation is either compulsory or so heavily subsidized that most eligible individuals choose to participate; (e.g.: Social Security and Medicare)
main difference: With the first, the program pays recipients based on need, not contributions; with the second, the beneficiary's contributions to the program are taken into account;
welfare v. social insurance
153
initially Aid to Dependent Children; established by the Social Security Act of 1935; a federally and state-financed program for children living with parents or relatives who fall below state standards of need; replaced in 1996 by TANF
AFDC (Aid to Families with Dependent Children)
154
unofficial name for legislation first introduced by President LBJ; expanded the # of social service programs available to the poor; an expansion of the New Deal; Johnson believed in expanding the federal government's roles in education and health care as poverty reduction strategies; waned after the 1960s with deregulation, growing criticism of the welfare state, and an ideological shift to reducing federal aid to impoverished people in the 1980s and 1990s, which culminated in the Personal Responsibility and Work Opportunity Act of 1996
War on Poverty
155
a federal system of health insurance for people over 65 years of age and for certain younger people with disabilities.
Medicare
156
a federal and state program financing medical services to lower income people; established by Congress in 1965; transformed welfare policy in TX and showed the argument that many believed the solution to alleviating poverty was through expanded federal control over welfare programs
Medicaid
157
national welfare program passed in 1972 that provides assistance to low-income elderly or disabled individuals; replaced the federal-state programs that had offered assistance to the blind, the permanently and totally disabled, and the aged; established to help efforts for antipoverty program
Supplemental Security Income
158
by mid-1990s, a new critique of welfare programs began to emerge: the well-intentioned policies of 1960s had backfired, creating a dysfunctional underclass of people ___ on welfare; welfare programs may have helped ppl financially in short run, but in long run they had robbed ppl of the character traits and morals that would enable them to succeed in the market economy; led to idea that the poor needed encouragement and proper incentives to become independent workers rather than have a permanent source of income from the state -> the funding of programs that aimed to train and educate individuals receiving aid and to limit the aid they could receive
dependency
159
a welfare program passed in 1996 to provide temporary assistance to families with needy children; replacing the AFDC program, it sought to make poor families self-sufficient and to give states greater flexibility in setting benefit levels, eligibility requirements, and other program details; today in TX, TANF provides temporary financial assistance to families with needy children when one or both of the parents are missing or disabled; shows how federal government began trying to give more control over welfare to the states in order to inspire innovation and save money (reforms of 1990s)
TANF (Temporary Assistance for Needy Families)
160
passed by Congress in 2010; aka Obamacare; passage of Act transformed debate over health care policy in US; passed on party line vote; requires individuals not covered by existing insurance plans to pursue health insurance or pay a penalty fee; along with this "individual mandate," it also allowed individuals to remain on parents' plan through age 26, increased coverage for preexisting conditions, and expanded medical insurance / Medicaid; sparked a natl controversy bc a majority of the states and a # of private individuals and groups challenged the constitutionality of the Act; court decision declared that fine couldn't be extracted, but a tax was fine, and that states could not be forced to expand Medicaid
Affordable Care Act
161
Generally, rule for the first is: under Spanish and TXn law, state could regulate the first (Important bc ppl upstream could take it all b4 ppl below could have access to it) ;
the second is subject to law of capture (Came out of oil drilling industry; whoever got it under the ground first has the rights to it; first person to capture it by pumping it out from the ground owns the water); Problem: irresponsible ppl can take all the water -> state has a problem; In 1949, TX Legis began to develop regulating disticts / groundwater districts (we have 99 today and they are able to protect the water supply provided by groundwater; 2013: constitl amendment passed to take money out of RDF to put into a new fund to SWIFT to generate revenue and more water projects; 2012: court case: TXSCrt said state has pwr to regulate groundwater districts but law of capture still applies; individuals have property right to water under his land -> state has to pay individ for taking / regulating his water
main uses include drinking-water and other public uses, irrigation uses, and for use by the thermoelectric-power industry to cool electricity-generating equipment; after the 1967 Water Rights Adjudication Act, the state had much more ability to control and manage surface water. Through the act, individuals must file a claim to the Texas Water Commission in order to claim surface water before using it. A complex administrative and judicial process is put into place which will grant water rights. This gives the state more power. Underground on the other hand grants state less power to control
vs
an important part of the water cycle; part of precipitation that seeps down through the soil until it reaches rock material that is saturated with water; water is stored in the spaces between rock particles and slowly moves underground, generally at a downward angle (because of gravity), and may eventually seep into streams, lakes, and oceans
laws regulating these differ significantly
surface water v. underground water
162
there are 99 in TX with varying powers; created by the TX Groundwater Act (1949) to manage groundwater supply bc of the court's acceptance of the state's authority to regulate groundwater in light of the law of capture; generally, they are able to develop regulations to protect the water supply provided by groundwater sources, including rules that may restrict pumping, require well permits, delineate well-spacing, and establish rates of water usage; these rules and regulations can come into direct conflict with law of capture, however
ground water conservation districts
163
idea that the first person to capture water or oil by pumping it out of the ground and using it owns that water or oil (also a standard in gas and oil law); has an important consequence for development of water resources in TX: it encourages landowners to take as much as possible from groundwater without considering the needs of other consumers (can work against conservation efforts of private individuals who are trying to protect the water under their lands and can undercut efforts of planning authorities to develop a water plan for a particular area that takes into account the short-term and long-term availability of water as well as competing uses for available water)
law of capture
164
serious criminal offense, punishable by a state prison sentence or fine; capital felony is punishable by death or life sentence; certain rights, like voting rights can be taken away, but in TX voting rights for felons are often restored after the sentence has been fully discharged
felony
165
minor criminal defense usually punishable by a small fine or short jail sentence; no rights are lost; 3 classes of misdemeanors
misdemeanor
166
punishment where an offender isn’t imprisoned but remains in community under specified rules and under supervision of __ officer (aka community supervision); a suspension of the prison or jail sentence with understanding that defendant will meet certain requirements that are imposed by court; violation of __ requirements can lead to being sent to jail or prison to serve out remainder of sentence (lengthy __ sentences usually end in individual being sent to jail / prison, and prosecutors know this)
probation
167
law that allows persons convicted of 3 felonies (or in cases of sexual assault, 2 felonies) to be sentenced life imprisonment
three strikes provision
168
jury that determines whether sufficient evidence is available to justify a trial; doesn’t rule on accused’s guilt or innocence; consists of 12 persons who will vote a “true bill” if they find probable cause that accused person has committed crime or a “no bill” if they didn’t find probable cause; a true bill does not equal a conviction; sometimes serves as a “rubber stamp” for prosecutor’s decision
grand jury
169
negotiated agreement in criminal cases in which defendant agrees to plead guilty in return for state’s agreement to reduce the severity of the criminal charge or prison sentence defendant is facing; often used by prosecutors to help them achieve a high conviction rate (defendants will often accept plea bargain to avoid being (falsely) accused and serving harsher sentence)
plea bargain
170
1) arrest (ticketed or jailed, if jailed, cont.)
2) arraignment (charges explained to accused, due process rights mentioned) and posting of bail
3) grand jury indictment (if true bill, cont.)
4) pretrial hearings (pleads, trial scheduled, motions made, plea bargain may occur)
5) trial (jury or judge trial) and sentencing (if found guilty, jury or judge can determine sentence based on defendant's wishes and there will be a jail or prison sentence or probation and/or fine; defendant may appeal)
stages of the criminal process
171
salaried lawyer who’s funded by government or by grants who represents indigents in TX in some counties or for some types of cases; rare in TX; a result of Gideon v. Wainwright in TX
public defender
172
Ruiz argued conditions of incarceration in TX state prisons was in violation of 8th Amdnt (protects against cruel and unusual punishment); his lawsuit took 8 yrs to bring to federal courts; ruled in his favor
Case was important bc Justice William Justice found entire TX sys of incarceration to be in violation of 8th Amdnt; put entire state under federal supervision (occurred during 1980s, one of reasons there is such antagonism toward federal govt)
Problems of TX prisons: 1) overcrowding (desire to incarcerate more and more ppl without desire to build prisons to house them) 2) inadequate security (too few prison guards-> prisons put prisoners in charge of other groups of prisoners -> state authority being granted to prisoners over other prisoners…that’s bad) 3) inadequate health care (in terms of emergency care for injuries suffered and absence of care for long-term conditions [ie diabetes not receiving medication, same with lung or heart problems) 4) unsafe work conditions (working in laundry or library working in unsafe cond bc of prisoners as guards) 5) arbitrary disciplinary procedures (periods of laxness with no discipline and then coming down hard, violent, and brutal, and then laxness again)
1987: TX began to make some remedial changes (resistance until then); changes made right at time when TX prison pop exploded (growing at rate of 12% yr after yr, exploded bc of drug incarceration)
Ruiz v. Estelle
173
controversial issue in TX; we execute the most ppl; still legal; highly problematic; some think state should and some shouldn’t;
argument against it: expensive for the county; wrongful convictions occur
argument for it: retribution (life for life); assuring protection
In crt of criminal appeals, the only real electoral issue is death penalty and only platform for someone who’s going to run successfully in TX is someone who will be more supportive of death penalty and tough on crime; being tough on crime incentivizes threatening accused w/ long and harsh sentence so they plea to a lesser punishment (you win w/out trial), esp true in urban counties: go for headline-grabbing cases (cases where capital punishment is possibility will be highly covered in media), meaning ___ are more likely;
pursuing case to death penalty is incredibly expensive; only large urban counties have funds for this…most of counties can’t afford costs of pursuing a capital case;
moreover, ___ occur because of faulty eyewitness statements, the hiding of exonerating evidence, ignoring expert opinions, and inadequate testing of DNA -> reforms such as changes in how witnesses are shown photos / lineups, the Michael Morton law, efforts by DA Watkins, and the Innocence Project
TX has been more aggressive than any other state in imposing ___ and is home of more verified wrongful convictions than any other state; TX has a very generous compensation system for the wrongfully convicted
death penalty and wrongful convictions
174
47 persons (38 black) were arrested in Tulia by an undercover officer, charged with possessing small amounts of cocaine, and zealously prosecuted; defendants, including those with no prior records, received long sentences; it eventually became clear the drug busts were a massive miscarriage of justice and that the undercover officer had almost no corroboration for the drug buys, had no experience, left previous jobs with debts, and had racist attitudes and an issue with telling the truth
Tulia drug arrests
