The major source of the lieutenant governors power is his or her role as president of the Senate

Early voting starts Monday for the November 4th election. And to help you head to the polls with as much information as possible, KUT's Nathan Bernier and political reporter Ben Philpott have been giving you a rundown of some of the state's key races, along with telling you just what the offices in question actually do.

Today, they talk about the office that some people say is the most powerful one in the state of Texas: the lieutenant governor.

Ben: So here's what a lieutenant governor can do, and why those powers are considered so important. First up, the lieutenant governor gets to be governor if the governor dies and even if the governor just leaves the state for a few days.

The Texas Constitution says you can't be the governor of Texas when you're not physically in the state. So when Governor Rick Perry was on the road hitting several national news programs last week, current Lt. Governor David Dewhurst was acting governor. So that's nice, but according to the LBJ School's Sherri Greenberg, it's not where the power of the office lies.

"The lieutenant governor appoints all the committee chairs of the committees in the Senate, determines where the bills are going to be sent and to what committees and the timing. And so this is extremely powerful," Greenberg said.

So that doesn't really appear so powerful at first glance, but remember every bill has to come through a Senate Committee before it gets a final vote. Getting passed by the Senate is tough enough. But it's impossible if your bill never gets out of committee. Which makes the Lt. Governor's power to pick where to send a bill very important.

"Well, he can always send it over here you know to [the] State Affairs [committee] where he's stacked it with his friends, instead of over to say, [the] Health and Human Services [committee], where maybe he doesn't have as many friends," says former UT School of Law Legislative Lawyering Clinic director Hugh Brady said.

The lieutenant governor still has power over a bill even if it makes it out of committee. They decide when a bill comes up for a vote, and when to recognize a senator for any floor action.

So, lots of power. But, power that isn't dictated by the Texas Constitution or even state law. And can be taken away easily by state senators.

"If the members were to choose to make them less powerful, they could do so," the LBJ School's Greenberg says.

Almost all the lieutenant governor's powers derive from the rules passed by the Senate at the beginning of each legislative session. So, each session starts with a decision by senators…how strong do we want our leader to be?

Nathan: And I guess that question won't really be answered until voters decide who's going to be in that chair in the Senate. Ben, tell us a little about the candidates.

Ben: Well, the top two are Republican State Senator Dan Patrick and Democratic State Senator Leticia van de Putte.

Let's start with the Republican. Patrick defeated current Lt. Governor David Dewhurst and others in a crowded GOP primary field. His top priority, according to most of his campaign ads: securing the Texas border with Mexico.

https://www.youtube.com/watch?v=yfZ9eDA2daQ

Nathan: Tough talk from Patrick, but hasn't his border rhetoric gotten some negative publicity, too?

Ben: Yes, during the GOP primary a few prominent Hispanic Republicans and business leaders came out either against Patrick, or at the least, concerned that his campaign could be a step back for the state Republican party's goal of trying to bring more Hispanics to the party.

More recently, in a Dallas Morning News endorsement of Senator Van de Putte, the editorial board said Patrick's primary governing tools are "fear and division." But, it's also a message that the Tea Party likes. And right now, that's the main block of voters driving the Republican party.

Nathan: Now, you said he was criticized during the GOP primary, has he modified his message in the general election?

Ben: Yes, he has, really until that ad about ISIS coming across the border, he has focused much more on his proposals for cutting taxes and limiting state spending.

He's been really pushing the idea of cutting property taxes, and making up some of that lost revenue with increased sales taxes, although he hasn't offered a detailed plan yet on just how he'd do that, since the state isn't collecting the property taxes in the first place. That's done by local governments and school districts.

Nathan: So what about his opponent, Senator Van de Putte?

Ben: Van de Putte has tried to capitalize on any concerns more moderate and traditional business Republicans have with Patrick. She's pushed her work with veterans in the Texas Senate and highlighted her goals to invest in state infrastructure like water, transportation and education. Something chambers of commerce like to hear…and spending she says Senator Patrick has not supported in the past.

https://www.youtube.com/watch?v=nfJSeVnBTyU

Nathan: Ok, Ben, so who's ahead going into early voting.

Ben: Well, I feel like I'm sounding like a broken record this week…but, as with the Attorney General and Comptroller races, this is a red state. And polls show Patrick with a lead.

The 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.

About the Lieutenant-Governor

James Angus AO FAA FAHMS (Hon) BSc, PhD (U Syd)

James Angus was sworn in as Lieutenant-Governor of Victoria on 12 November 2021.

Professor Angus was Dean of the Faculty of Medicine, Dentistry and Health Sciences at The University of Melbourne from 2003-2013 in a 45 year career spanning academic leadership, medical research and teaching.

He is currently a Director of the Royal Children’s Hospital Foundation, Chair of the Campus Council at The Children’s, Chair of the Australian Advisory Council on the Medicinal Use of Cannabis, Director of The Jack Brockhoff Foundation,  Director of Science Australia Gender Equity Ltd and a Director of National Stem Cell Australia Foundation. He has been Honorary Secretary of the Victorian Rhodes ScholarshipCommittee.

In 2003 Professor Angus was awarded the Centenary Medal for services to pharmacology and the community. In 2010 he was appointed as an Officer of the Order of Australia for distinguished services to biomedical research, particularly in the fields of pharmacology and cardiovascular disease, as a leading academic and medical educator, and as a contributor to a range of advisory boards and professional organisations both nationally and internationally.

Most governors have broad authority to nominate officials to serve in state executive branch positions—many of whom will be included in the governor’s advisory committee, known as the “cabinet.” Governors may be empowered as well to make appointments to state judgeships. Frequently, these appointments are subject to confirmation by one or both houses of the state legislature. While often pro forma in nature, the confirmation process with respect to executive branch appointments can be used by legislatures to expand their influence on governors and their policies. Accordingly, many governors consult with key legislators before making formal nominations.

For state by state information on the methods of selecting state officials, see “Selected State Administrative Officials: Methods of Selection” (Table 4.10, The Book of the States 2019, source: The Council of State Governments).

Boards and Commissions

The roles played by boards and commissions vary considerably by state and by program. In some states appointed boards have the primary responsibility for individual programs and agencies and are responsible for the selection of department and agency heads. This is particularly true in the field of education, but boards still retain responsibility for a broad range of other programs in fields such as labor, transportation and health and human services.

In many states the members of these boards are named or nominated by the governor. And in many of these cases, board members are subject to confirmation by one or both houses of the legislature.

Other boards play more limited regulatory or advisory roles. In most states boards oversee the licensing and regulation of numerous professions and business areas. In other states they advise the governor on areas of importance such as the environment and economic development.

While the elimination and/or consolidation of boards and commissions is a common focus of government efficiency and government reorganization initiatives, they still play a prominent role in state government, providing opportunities to address the concerns of special interests and to reward political supporters.

Executive Branch Positions Independently Selected

A large number of states provide for the independent selection of certain executive branch positions. Most noteworthy among these positions are lieutenant governor, secretary of state, attorney general, and treasurer.

The position of lieutenant governor exists in the overwhelming majority of states, where the position is most often filled by popular statewide election and jointly with the governor, although in a small number of cases the role of lieutenant governor is assigned by state law to another position in either the executive or legislative branch (e.g., secretary of state or leader of the senate). The positions of secretary of state, attorney general, and treasurer are all subject to statewide popular election in the majority of states, and at least one of the three is elected in most of the remaining states.

Governors generally have limited authority in the appointment of state comptrollers and pre and post audit department heads. Governors’ appointment powers are also limited with regard to the heads of state education and higher education agencies. The education department head is independently elected statewide in 14 states and is appointed—independent of gubernatorial approval—by a board or agency head in 20 states and two territories. In most states and territories, the higher education head is appointed by a board independent of gubernatorial approval.

A number of states also provide for the statewide election of one or more other department heads, among them public utility regulators and the heads of agriculture, labor, and natural resources departments.

As with governors, other statewide elected positions may be subject to age, citizenship, and state residency requirements, as well as term limits.

For state by state data on the joint election of governors and lieutenant governors, see “The Governors” (Table 4.1, The Book of the States 2019, source: The Council of State Governments).

For state by state information on the methods of selecting state officials, see “Selected State Administrative Officials: Methods of Selection” (Table 4.10, The Book of the States 2019, source: The Council of State Governments).

For state by state information on eligibility requirements for state officials, see “Constitutional and Statutory Provisions for Number of Consecutive Terms of Elected State Officials” (Table 4.9, The Book of the States 2019, source: The Council of State Governments).

Cabinets

State cabinets, which serve as advisory councils to the nation’s governors, generally are made up of officials appointed by the governor to head state departments and agencies, and in some cases top-level staff in the governor’s immediate office. In most states the cabinet fulfills two functions:

  • advises the governor on the development of policy; and
  • serves as a vehicle for the governor or senior staff to convey priorities to gubernatorial appointees and address cross-agency issues or concerns.

In a number of states, governors have created sub-cabinets to bring together agencies to address issues such as the needs of children.

Forty-four states and all of the commonwealths and territories have cabinets and/or sub-cabinets. Cabinets themselves may have their origin in law, tradition, and/or the governor’s discretion. Cabinet membership may be a product of appointment to a specific office or be subject to selection by the governor. Cabinet size, and the frequency of cabinet meetings and formality and extent to which a governor uses his or her cabinet for advice and assistance, varies among the states, commonwealths, and territories.

For state by state information on cabinets, see “State Cabinet Systems” (Table 4.6, The Book of the States 2019, source: The Council of State Governments).