Legal Status of Cities GOVT 2306, Module 11

What do cities do? Law enforcement? Fire protection? Airports? yes yes Law enforcement? Fire protection? Airports? K-12 education? Community colleges? Grocery stores Garbage collection? Water and sewer service? Parks? Libraries? Electricity yes yes yes yes no yes no no no

Cities provide services Police protection Fire protection Libraries Parks Paved streets Airports Water and sewer service Health clinics Cities are general-purpose governments in that they provide a broad range of services.

Cities regulate Building construction Fire codes, housing codes Land use practices Driving habits Do people living in cities want more government regulation than people living in rural areas? Why or why not? More because people living in close proximity affect one another.

Cities tax Property taxes Sales taxes User charges on water, garbage pickup, etc.

What are examples of city ordinances? A city ordinance is a local law. Cities are the only unit of local government with general ordinance-making authority. What are examples of city ordinances?

Cities: Subordinate Governments The U.S. Constitution, U.S. law, the Texas Constitution, and Texas law all take precedence over city ordinances and regulations. In 2015, the Texas legislature reversed the Denton fracking ban. In November 2014, voters in Denton, Texas banned fracking in the city limits.

Is every square mile of Texas part of a city? Incorporation State law sets the requirements and procedures under which an unincorporated urban area in Texas can become an incorporated municipality, a city under the laws of the state. Is every square mile of Texas part of a city? no

Rules for incorporation Unincorporated area must have at least 200 people Area must not be in another city’s jurisdiction 10 % of residents must sign a petition Residents must approve incorporation in election Residents vote to adopt a city charter, which is like a city constitution Why would people living in an area choose to incorporate?

Incorporated Areas in Harris Co. Is all of Harris Co. incorporated? No Is Houston the only city in the county? No 40 percent of the population of Harris Co., 1.7 million people, live in unincorporated areas.

Types of cities General law Home rule A general law city is a municipality that is limited to those governmental structures and powers specifically granted by state law. A home rule city is a municipality that can take any actions not prohibited by state or federal law or the constitutions of the United States or the state of Texas.

General law cities Small cities (< 5,000) must be general law Cities 5,000 or more may choose home rule Limited to services and structures allowed by state law

Home rule cities A home rule city can do anything that qualifies as a “public purpose” that does not violate the Texas Constitution or the laws of the state. Home rule cities have more flexibility: Organizational structures Ordinance-making Election processes (recall and initiative) Annexation

Big cities All of the state’s big cities are home rule. Nonetheless, the legislature can still tell them what to do. For example, disciplinary procedures for police officers and fire fighters by state law are subject to binding arbitration. That means the police chief and mayor do not have the last word on disciplinary procedures.

Quiz Which of the following is part of the city of Houston? Houston Independent School District Houston Texans Houston Community College None of the above The answer is D.

What You Have Learned What services do cities offer their residents? What activities do they regulate? What taxes do they levy? What are the rules for cities to incorporate? What is the difference between general-law and home-rule cities? What is the legal status of city governments in Texas?