1. The Governor Is the Most Powerful Official in Texas
Reality: The Lieutenant Governor often has more direct influence over legislation.
Explanation: Texas’s plural executive system intentionally limits gubernatorial authority. The Lieutenant Governor—elected separately—presides over the Senate, appoints committee chairs, controls which bills advance, and plays a central role in the state’s budget process. While the Governor has high visibility and veto power, much of the real legislative muscle lies with the Lieutenant Governor.
2. State Agencies Answer Directly to the Governor
Reality: Several high-ranking officials are independently elected, and even agency leaders appointed by the governor cannot be directly fired or controlled by him.
Explanation: Texas has a plural executive structure that deliberately limits centralized control.1 Offices like the Attorney General, Comptroller of Public Accounts, Commissioner of Agriculture, and Commissioner of the General Land Office are elected directly by voters. This dispersion of power reflects a longstanding suspicion of executive overreach in Texas political culture.
Although the Governor appoints many members to boards and commissions that oversee state agencies, those appointees often serve fixed terms and cannot be removed without cause—and sometimes only with Senate approval. As a result, the Governor’s influence over agencies is more indirect, relying on appointment power, persuasion, and political leverage rather than direct command authority. Through statutory control and budgeting, the legislature generally exercises more control over state agencies than the governor.
3. County Judges Are Judges
Reality: In Texas, this term refers to the heads of county government, not courtroom judges.
Explanation: The term “county judge” can be misleading. In most counties, these officials serve as the chief executive of the commissioners court, which handles budgeting, roads, and public health—not legal cases.2 Only in small or rural counties does the county judge sometimes preside over minor civil or probate matters. They are not required to be attorneys and often do not perform judicial functions at all.
To make matters more confusing, there is another type of “county judge”—judges of statutory county courts—who are courtroom judges. So the term can refer to either a courtroom judge or judge of a commissioners court. From context, a listener can usually tell what kind of “judge” is meant by the phrase.
4. The Texas Legislature Meets Year-Round
Reality: It meets for only 140 days every odd-numbered year.
Explanation: The Texas Legislature doesn’t even meet yearly, let alone year-round. It meets from January through May in odd-numbered years (e.g, 2025, 2027, 2029, etc). This limited schedule is set by the 1876 Texas Constitution, reflecting a 19th-century philosophy of limited government.3 The idea was to keep the Legislature part-time, with lawmakers returning to their communities and professions between sessions. The governor may call special sessions, but he controls the agenda and subject matter.
5. You Can Carry a Gun Anywhere in Texas
Reality: Many locations restrict firearms, even with a license.
Explanation: Despite Texas’s permissive gun laws, state statutes prohibit firearms in specific areas such as schools, polling places, courthouses, hospitals, and certain government buildings. Private property owners also have the right to exclude firearms via properly posted signage.4 Violations of these rules can result in criminal penalties.5
6. The Death Penalty Is Common in Texas
Reality: Texas leads the nation in executions, but death sentences are increasingly rare.
Explanation: The use of capital punishment has declined significantly in recent years. Many counties no longer pursue death sentences due to cost, legal risk, or changes in public sentiment. Life without parole is now available as a sentencing option, and a small number of populous counties are responsible for most of the remaining death penalty cases.
7. Local Governments Have ‘Local Control’
Reality: Cities and counties are creations of the state and can be overridden.
Explanation: Under the Dillon Rule, municipalities and counties derive their authority from state law. Even “home-rule” cities—which have broader powers under the Texas Constitution—can be preempted by state legislation. In recent years, the Texas Legislature has increasingly invalidated or restricted local ordinances, particularly in areas like labor standards, zoning, environmental policy, and public health.
8. The Texas Supreme Court Handles Criminal Cases
Reality: Texas has two top courts—one for civil and one for criminal cases.
Explanation: The Texas Supreme Court is the highest appellate court for civil and juvenile matters. The Texas Court of Criminal Appeals is the state’s court of last resort for criminal cases, including death penalty appeals. This bifurcated structure is unique to Texas and Oklahoma and arose at the end of the Reconstruction Era, a decade after the U.S. Civil War.
9. Texas Has a Low Tax Burden
Reality: Texas has no income tax, but it relies heavily on property and sales taxes.
Explanation: While the absence of a state income tax is well known, the overall tax burden in Texas is not necessarily low—just differently structured. Property taxes are set and collected locally and are among the highest in the country. Combined with sales taxes that can exceed 8% in some areas, Texas’s tax system is considered regressive, placing a larger proportional burden on low- and middle-income households. Overall, the state ranks in the middle nationally for total tax burden.
10. Texas Judges Are Appointed Like Federal Judges
Reality: Most judges in Texas are elected in partisan races.
Explanation: From trial courts to the highest appellate benches, judges in Texas are typically chosen through partisan judicial elections. Candidates campaign under political party labels, and judicial contests often appear on the same ballot as other elected offices. This method of judicial selection is rare among U.S. states and has drawn criticism for exposing the judiciary to political influence and campaign pressures.
Conclusion
Understanding how Texas government actually works means separating political folklore from legal fact. From the powers of the Governor to the structure of the courts, many of the assumptions Texans carry often don’t reflect the reality written into the state’s laws and constitution. As Texas continues to grow and change, civic knowledge will remain essential to informed participation in public life.
