What is a constitution? What is constitutionalism? What are the three elements of constitutionalism? What are the three pillars of the U.S. Constitution?? 500 words Federalism Chapter

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Welcome to Texas Government Introduction to Texas Government is an open educational resource for anyone who wants to

learn more about the operation of the Texas Government. This course's design meets the Texas

legislature's requirements for a higher education course in Texas Government. Chapters are

organized to help students learn about the Texas government and apply that material to situations

they may encounter. The course is designed to be flexible to each instructor's style and different

delivery style, online or in -person. Supplementary materials are available on the OERTX

website.

Each chapter is organized for the student to be able to understand the purpose of each section.

Each chapter begins with an introduction where the student will find a brief synopsis and outline

of the chapter's topics. Within each chapter's text, the student will have specific sections to

address each of the required learning levels for higher education in Texas– critical thinking,

personal responsibility, social responsibility, and communication. Each chapter contains thought

or discussion questions for student engagement, a checklist of vocabulary and topics to learn,

and pointers to supplementary learning if the instructor or student wants to delve more deeply

into a subject.

A sample outline of the chapter organization for the Legislative chapter demonstrates this organization.

In this chapter, you will: • Learn the basics of how the Texas legislature works • Learn how legislators are elected • Learn who the Texas legislators are • Acquire knowledge about the organization of the Texas legislature • Gain an understanding of the Texas legislature legislative process

Introduction Critical Thinking Legislative Elections Personal Responsibility Legislative Representation Social Responsibility House and Senate Organizations Critical Thinking The Legislative Process

Communication Skills If you want to know more….

We hope you find this resource helpful. If you find any errors or have comments, please

contact us at Angelo State University.

Brenda J. Norton and Matthew Gritter.

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Table of Contents Introduction

1 Welcome to Texas!

2 Federalism

3 Texas Constitution

4 Elections and Special Interest Groups in Texas

5 Legislative Branch

6 Executive Branch

7 Budget, Finances, and Policy

8 Local Government

9 Judicial Branch

10 Criminal Law

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Chapter 1 Welcome to Texas!

Introduction In this chapter, you will:

• Learn the basics of Texas history, demographics, culture

• Learn the origins of Texas

• Learn Texas demographics and economy

• Acquire knowledge about Texas Political Culture

Which state is the only one to have been under six flags?1 Which state was the first to have an all-woman Supreme Court?2 Which state has its own power grid?3 Which domed state capitol building is the largest of all domed state capitol buildings?4 Which state is considered the helium capital of the world? 5

Yes, all of these are Texas! Texas has many unique elements seen in the demographics

of the population and its government's organization. Many people see government as something

apart from themselves, but the people create the government, so we need to understand how our

government operates to be good stewards.

1 https://www.tsl.texas.gov/ref/abouttx/sixflags.html 2 In 1925, the Texas Supreme Court consisted of three judges. In 1925, a case came to the court in which all three

elected Supreme Court justices were recused. The sitting court appointed three women to hear this one case. This

marked the nation’s first all-woman supreme court. This was 30 years before women served on juries in Texas and

57 before another woman would serve full-time on the Court. In 1997, Gov. George W. Bush appointed Deborah

Hankinson to the Court. With elected justices Rose Spector and Priscilla Owen, there were now again three women

on the court. The court at this time, and now consists of nine elected justices. Not until Justice Rebeca Aizpuru

Huddle’s appointment in October 2020 did the Court get to four women. https://www.txcourts.gov/supreme/about-

the-court/court-history/all-woman-supreme-court/ 3 http://www.ercot.com/about 4 https://house.texas.gov/about-us/capitol-history/ 5 https://www.tshaonline.org/handbook/entries/helium-production. Specifically, the area around Amarillo Texas is the largest production area.

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Pre-Columbian Pre-Columbian refers to the time before European settlement in an area. In the area, you

would find indigenous, native people, plants, and animals. For example, in the area now known

as Texas, there were many indigenous people referred to as Native Americans. These people

were divided into several different tribes, with each having its own culture and customs.

(http://www.native-languages.org/texas.htm)

Figure 1Tribal map http://www.native-languages.org/texas.htm

Age of Exploration

The Age of Exploration was a period from the 15th century to the 17th century. This is a

period of technological innovations in sailing vessels so explorers could travel farther from

home. These explorers claimed lands where they did not find European settlements for their

home countries. In addition, they did not count the indigenous peoples as having a claim to the

land.

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The Six Flags of Texas

Figure 2 Decorative Picture of the Six flags which have flown over Texas Ima By JW1805 – en.Wikipedia, Public Domain, https://commons.wikimedia.org/w/index.php?curid=3172252

Flags 1 and 2: Spain and France Spain (1519–1685; 1690–1821), France (1685–1690) claimed the area. Now known as

Mexico and the southwestern United States, the area was called New Spain and became an

important buffer between Spanish interests in Mexico and French interests in Louisiana until the

Louisiana purchase in 1803. Spanish explorers first claimed the land beginning in the 1530s.

They set up settlements and Catholic missions to indoctrinate the indigenous people in European

culture and religion. Spain and France traded control of the territory depending on the outcome

of wars between the two in Europe, with Spain seizing control and keeping it until Mexican

independence in 1821.

Religious missions and government posts were settled together, and each supported the

other's efforts to bring the native people to Spanish culture and religion. At first, relations

between the native peoples and Spanish settlers were cordial. The word Texas is from the Caddo

tribal language word for friend. The settlers were referred to as Tejanos. While Spanish

citizens, they were far from the Spanish rule in Mexico and became more independent. After a

while, tension rose due to the indigenous people resenting European authority and religion's

intrusion.

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Figure 3 Mission and settlement map

https://tpwd.texas.gov/education/resources/keep-texas-wild/vaqueros-and-cowboys/images- 1/Spanish_Missions_in_Texas.jpg/view

In 1820, Spain began making land grants to entice Americans to move to Texas. At the

time there were only three permanent settlements in the Spanish province of Texas:

Nacogdoches, San Antonio de Bexar, and La Bahía del Espíritu Santo (later Goliad). Moses

Austin, the father of Stephen F. Austin, was the first to receive the grant as an empresario to

bring American settlers to Texas. At the same time, Mexico was fighting for independence from

Spain. It won that independence in 1821.

Flag number 3: Mexico: Mexico (1821–1836)

Mexico gained its independence from Spain in 1821. Texas thus became part of Mexico.

However, independent Mexico continued to encourage American settlers, and by the time of the

war for Texas Independence in 1836, these settlers outnumbered Mexican settlers by more than 4

to 1.

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Slavery was illegal in Mexico, but to entice the American colonists, officials turned a

blind eye to the importation of slaves. Several issues began to surface with the new settlers

because of Mexico's changing policies on land rights, taxes, religion, and slaves. Also, Mexico

was facing a civil war. The changing attitudes toward American settlers and American's

frustration with turmoil in Mexican politics added to the desire for independence.

Flags number 4 and 5: Republic of Texas (1836–1845) and U.S. state

(1845-1861) (1865-present day) Texas won independence from Mexico in 1836 and became an independent nation.

However, Texas was only an independent nation for nine years. There was much speculation

about the United States' hand in Texas's independence and the annexation of Texas when it

appeared Mexico would retake the country. Texas became the 28th state in the United States in

December 1845.

In April 1846, the U.S. declared war on Mexico to cement its claim to Texas and all areas

now known as the southwestern U.S. At the end of the war, the US.'s claim to Texas as a state

and all of the territory now known as the Southwestern U.S. was ceded to the U.S. to become the

Utah, Nevada, Arizona, and California territories. The cessation also included part of what is

now New Mexico, Colorado, and Wyoming. Thus, this war completed the expansion of the

continental U.S. to all the territory it still claims today. As part of the treaty ending the war, the

U.S. agreed to pay compensation to Mexico for the territory and damages caused by U.S. troops.

However, given the vast territory the U.S. received, the fact that this territory created the large

contiguous landmass we have in the U.S., and all of the resources in the new territories, most

agree that the result was worth the price.

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Figure 4 Map of the U.S. after the War with Mexico https://tile.loc.gov/image- services/iiif/service:gmd:gmd370m:g3701m:g3701sm:gct00482:cs000031/full/pct:12.5/0/default.jpg

Flag number 6: and the Confederate States of America (1861–1865) When Texas became a state, it did so as a slave state and became embroiled in the

controversy in the U.S. Texas joined the confederacy in 1861 after removing Governor Sam

Houston, one of the founders of the Republic and the State of Texas, because he refused to

approve Texas seceding from the union. (https://www.tsl.texas.gov/ref/ abouttx/secession

/index.html) The removal of the Governor and the vote for secession were highly questionable

even under the law at the time.

At the end of the civil war and defeat of the confederacy, the U.S. imposed a

reconstruction period on the seceding states from 1865-1877 before returning them to full

statehood. The reconstruction period was one of advancement in civil rights in the U.S. through

ratification of the 13, 14, and 15 amendments to the U.S. Constitution and passage of civil rights

laws by Congress. During reconstruction, the former confederate states were subject to Union

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military oversight and control of the executive branch of government. Texas formally returned

as a state on March 30, 1870, but remained under some reconstruction restrictions.

Unfortunately, immediately upon the end of the reconstruction period, the Southern states began

imposing discriminatory segregation practices within their borders, which lasted until the 1960s.

Texas economy Texas has the second-largest economy in the U.S. Before 1901, the economy of Texas

centered on cattle and cotton. Then, in 1901, oil was discovered at Spindletop in eastern Texas,

and it soon became a significant part of the Texas economy. Today, Texas's diversified economy

includes oil and gas, information technology, aerospace, defense, and biomedical research.

Figure 5 Graphic of the Texas economy https://gov.texas.gov/uploads/images/business/TXataGlance.jpg

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Texas political culture Individualistic Traditionalistic Moralistic

Individual choice; self-

sufficiency

Maintain the existing social

order

A continual movement to better society

Strong support private

business; minimal

business regulation

Strong support private

business

Support of business but regulation for

the good of society

Small government: only

needed to keep the peace

Strict enforcement of law and

order

Government social programs;

Government a member of the

community, so works with all to

improve equality

Little to no government

social programs

Not concerned with

citizen participation

Government should be left to

elites, party control by family

dynasty or wealth. Minimal

citizen participation

Maximize citizen education and

participation

Figure 6 Table based on Elazar's political culture classifications for states

Daniel Elazar defined political culture as the shared values, attitudes, and beliefs that define the

relationship between individuals and the group in a given area. (Elazar, Daniel J. 1966. American

Federalism: A View from the States. New York: Thomas Y. Crowell Company.) In Texas, the

political culture has changed a lot through the years. Elazar divided political cultures into three

types individualistic, moralistic, and traditionalistic. We can find people in Texas of each type.

Which type are you?

Individualistic political culture is marked by an emphasis on business and small

government to thrive unrestrained. Government bureaucracy should be kept small, and people

have a negative opinion of government workers and actions. Politicians are seen as self-serving,

and corruption is seen as inevitable. Politics is intensely partisan and seen as adversarial.

Moralistic political culture is the opposite of individualistic and sees government as an

aid to a better society. Government is a community member, so it shares a role with all

individuals and groups to create the best society. Politics is seen as a public service, and all

citizens should be involved at least by being educated about the government and voting.

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Traditionalistic political culture is a middle ground. Government is a part of society

and has a role in fostering the common good but should minimize its restrictions on business.

Political views revolve around specific issues. Politicians and bureaucrats can be helpful under

the right circumstances. Any corruption or self-serving conduct is not tolerated, but they do need

to get out of the way of business. Changes to the social or economic status quo are resisted.

Ordinary citizens are too uneducated to participate in politics, so the elite, determined by family

dynasty or high wealth, should be left to rule.

Elazar asserted that in its history, Texas has elements of traditionalistic and

individualistic culture. In Texas, the traditionalistic aspects are seen in the state's long history of

one-party dominance in state politics, low voter turnout, and conservative social and economic

attitudes. On the other hand, elements of the individualistic culture are seen in Texas due to

strong support for private business and opposition to big government.

Texas demographics today

As we saw with the six flags over Texas, different settler immigrant groups have shaped

the state. The population of Texas is growing. Texas grew by about 4 million in ten years in the

recent census, more than any other state. (https://www.census.gov/programs-surveys/decennial-

census/decade/2020/2020-census-results.html ) Nearly half of the population growth is Latino,

and this is projected to continue. (https://demographics.texas.gov/Resources/publications

/2019/20190925_PopProjectionsBrief.pdf )

As a result of this increase in population, Texas added two seats to its congressional

delegation and electoral college representatives. As you learned in the federal government, the

U.S. House of Representatives is based on population, and Texas now holds 38 seats. As you

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also learned, the electoral college representatives for a state are based on the total number of

members of Congress from the state, the total number of representatives in the house, + the two

senators, so Texas now holds forty votes in the electoral college. Texas is now the second-largest

delegation in the House of Representatives and the electoral college. This growth is projected to

continue while the one state with more representatives than Texas, California has been losing

population.

However, the population growth in Texas is not evenly spread throughout the state. Since

the 1900s, Texas has experienced urbanization, a move of residents from rural areas to cities.

As a result, most people moving into the state have moved to urban and not rural areas. This has

also resulted in suburbanization in Texas. Rather than moving downtown in a city, many

people prefer to move to the suburbs, adjacent to a town. This move has led to urban sprawl,

expansion of auto-dependent development with long distances between residential areas, and

shopping or work. This sprawl has led Texas to have some of the most congested roadways and

issues with pollution in the large cities.

The move to urbanization and suburbanization has not been equally distributed in all of

Texas's 254 counties. Most of the population in Texas lives in urban and suburban areas in only

six of the state's 254 counties. Harris, Bexar, Dallas, Tarrant, Travis, and El Paso, hold over half

the entire state's population. This large population has more influence in politics and state

government than the rest of the states and takes up more of the resources of the government

Infrastructure. Roads. Because of sprawl, the construction of highways and feeder roads is ongoing in

urban and suburban areas. Roads are expensive to build and maintain; thus, the state has to

spend more money each year to keep the roads open. The Texas Department of Transportation

(TxDOT) maintains over 197,000 miles of road and more than 54,000 bridges in the state, more

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than any other state. ( https://www.txdot.gov/government/reports/progress-report.html). Most of

these roads and bridges are east of I35, which is also the state's most populated area.

Housing. One result of the influx of people to Texas is a housing shortage and an

increasing cost of housing in the urban and suburban areas. In addition, Texas's traditionalistic

and individualistic political culture means that there is low support for housing and income

assistance programs. For example, the Austin area's explosive growth has led to housing

shortages, high prices, and increasing homeless problems for those who cannot afford the high

housing prices even though many of the homeless are employed.

Water. The population growth and sprawl also present problems by increasing

competition for the state's limited water resources. The Texas Water Development Board keeps

an eye on water use and the weather to monitor water availability for the increasing population.

(https://texasstatewaterplan.org/statewide ) Many areas of the state depend on surface water,

reservoirs as a water resource. These reservoirs are dependent on good rainfall, so climate

change and increasing periods of drought are causing issues in these areas. Other areas of the

state rely on underground water aquifers for their water. Urban sprawl must be controlled in

these areas so that the recharge area is left undeveloped so the rainwater can seep into the

aquifer.

Energy. Texans like their air conditioning. They also want to have heat and light during

a winter storm. The increasing population also means that energy consumption is increasing. In

2018 Texas used about one-seventh of the country's energy output, more than any other state.

https://www.eia.gov/state/analysis.php?sid=TX However, Texas is also the country's third-

largest energy supplier. Texas leads all states in crude oil production. "The state accounts for

about two-fifths of the nation's crude oil proved reserves and crude oil production. Texas

produces more crude oil than any other state but usually more than all the federal offshore