Chapter 22 Local Government in Texas

Local Government: The Basics  Texas has the third largest number of local governments of any state in the union.  Counties, Municipalities, Special Districts, and School Districts “The common characteristic of all of these local governments is that they exist as an arm of the state government.” “Because local governments of all types are extensions of a state government, a second relationship exists: the relationship between local governments and the national government in Washington, D.C.”

Local Government: The Basics  Dillon’s Rule - the principle that regardless of the type of local government, all local governments are creatures of the state government and have only those powers specifically granted to them by the state.  Texas state government and all state governments are unitary.  Administrative federalism - the national government sets up guidelines for policy, then expects the state government to pay for the programs without additional money. Example: “No Child Left Behind”

County Government: Texas Style  There are 254 counties in Texas  All Texas counties, regardless of size, geographically or in terms of population, are structurally governed the same.  Rooted in the old municipality system of Mexico  At the beginning of the Republic in 1836, 23 counties were established based on Mexican municipalities.  Counties are the administrative arm of the state of Texas.

County Government: Texas Style  Counties perform at least six basic functions for the state government.  Every county government in Texas is led by a commissioners court consisting of four members elected by precinct (SMDP) within a particular county in staggered elections to serve four-year terms.  The county judge from the county constitutional court is elected in a countywide election to serve as the commissioners court presiding officer.  County elections are partisan.

County Government: Texas Style The commissioners court: Passes the laws that govern the county Determines types of & rates of taxes to fund the county government and passes the annual county budget. Property taxes provide the primary source of revenue for county governments in Texas. Property taxes permit the state of Texas to avoid the imposition of income taxes.

County Government: Texas Style  “The structure of county government in Texas reflects the continuity and tradition of Texas.”  The voters of each county elect officers and officials to four-year terms to provide law enforcement, record keeping services, tax collection, and legal representation of the county.  County Sheriff  County Clerk  County Attorney  Tax Assessor Collector  Justices of the Peace & Constables - serve as judicial officers for minor criminal & civil offenses

County Government: Texas Style  “The Texas Local Government Code allows counties with 200,000 or more people to create a merit system or civil service system.”  Merit or civil service system - a system where people receive government jobs based on a set of qualifications and formal training, and where job promotion and pay increases are based on job performance.  A civil service system for a county is administered by a county civil service commission, appointed by the commissioners court for terms of two years. The commission develops job definitions, qualification processes, job classifications, promotion & tenure requirements, and disciplinary & grievance procedures.

Cities There are two types of municipal government in Texas: general law cities & home rule cities Three types of general law cities:  Type A - contain at least 600 residents, and a strong mayor-council form of government. They must choose between a Single-Member District Plurality & an At-Large election systems. Type A cities must have a tax assessor, a treasurer, a city secretary, and a city attorney.

Cities  Type B - contain 201 to 9,999 residents. They may choose between a “strong mayor” & “weak mayor” form of government. “Normally, Type B cities with the strong mayor form of government have six members elected using an At-Large system.”  Type C - contain 201 to 4,999 residents. Unless otherwise approved by state government, they must have a weak mayor form of government.  71.9% of all Texas cities are general law cities.

Cities  Home rule cities: A city with a population of over 5,000 is allowed to become a home rule city.  Home rule cities adopt a home rule charter, a form of municipal constitution that details the structure & functions of city government.  Home rule charters detail land usage within the city limits, specify the method used to elect city officials, and detail the type of city ordinances the city can enact.  Ordinance - a law enacted by a municipal government

Cities  A home rule charter must be approved by the voters.  General law cities lack a home rule charter.  Annexation - the power of a city to extend its boundaries by adding adjacent (contiguous) areas into the city limits.

Forms of City Government  Weak mayor-council form of government  Strong mayor-council form of government  Council-manager form of government  Weak mayor form - A directly elected mayor whose powers are diluted relative to the city council. The mayor & the council share power over the creation & adoption of the city budget and enactment of ordinances, and choose the heads of various municipal departments.

Forms of City Government  Strong mayor form - Concentrates power in the hands of the mayor. The mayor has strong control over the preparation & adoption of the city budget and the appointment of municipal government department heads. As in many cities, the mayor may be in a position to veto ordinances passed by the city council. In Texas this form is also called a mayor- commission, mayor-council, or mayor- alderman form of government; it is more common in Texas than the weak mayor form.

Forms of City Government  Council-manager form - The most common form of government, used by 58% of Texas cities. The elected mayor and council hire a city manager to run the day-to-day operations of the city. The city manager hires the city department heads, oversees departments, proposes ordinances, and develops a city budget. “The advantage of the council-manager system is the removal of day-to-day administration of the city from politics.”

City Elections  At-Large  At-Large by Place  Single-Member District  Cumulative Voting  At-Large - Candidates compete for seats on the city council without reference to specific districts or seats (places) on the council.

City Elections  At-Large by Place - Candidates declare that they are running for a particular position or seat on the city council. The candidate that receives the most votes for that “place” wins the seat.  Single-Member District - A city is divided into several electoral districts. A candidate runs for a council position representing a particular district. Voters in that district participate in the election of a council member from the district in which he/she resides.

City Elections  Cumulative Voting - Voters possess a number of votes equal to the number of seats on the council. Voters may choose to give all their votes to one candidate, or spread their votes among a few, or give one vote for each seat.

Issues in City Government Zoning & Planning Polices  Controversies arise between individual rights to use property as one wishes vs. the broader needs of the city. Cities may restrict what property owners may do with their property. Zoning involves designating parts of a city for residential, commercial, & industrial use.  Residential zoning designation may be for single- family or multi-family units with various density conditions.  “Zoning and planning often pits those seeking to develop property, build new shopping centers, and construct more houses against neighborhoods. These battles are usually played out in local politics.”

Issues in City Government Annexation  Citizens in a proposed area may wish to be annexed by the city  Economic development is a reason for annexation  Cities annex to prevent themselves from being hemmed in  Cities may annex to increase property tax and sales tax revenues  Annexation of new areas allow cities to receive more money from the state and national government in the form of grants  State law permits cities to annex as much as 10% of land each year, and if less is annexed it can be carried over to the next year

Issues in City Government City budgets  Cities collect property taxes, sales taxes, franchise fees, hotel and motel occupancy taxes, and fines  Special projects, like acquiring land for parks, building city courthouses, museums, and other capital projects may require long-term financing  Municipal bonds - certificates of indebtedness in which the city pledges to pay back the loan over time with interest, issued by cities to raise money for services and infrastructure

Special Districts in Texas  Special district governments provide a single service or limited services to the residents within its boundaries. An advantage of a special district is that it may provide a service or range of services that otherwise may not be provided.  Usually established when a city or county is unwilling or unable to provide a service itself or if the existing local government prefers a special district government to provide the service or services  Found to be useful in major metropolitan areas

Special Districts in Texas  Examples: airport authorities, community college districts, library districts, municipal utility districts, and hospital districts  Established by petitioning the county or city & county by residents or by special act of the legislature, both subject to voter approval by the residents of the proposed new special district  Governed by a board either appointed or elected that makes policy and oversees operations

Special Districts in Texas  Community College trustees hire a chancellor or president of a district and determine what degrees & programs will be offered, and coursework requirements. There are currently 50 community college districts in Texas.  Municipal utility districts - provide water, sewer, and similar municipal services to individuals and businesses outside the city limits within the boundaries of the district