1. Chapter 12: Local Government in Texas

3. Urban Texas Growth Rates of Cities Vary In 1876, 88 percent of the population lived in cities. In 2010, 88 percent of Texans lived in urban areas. Economic expansion Annexation policies Migration, fertility, and mortality rates Low Ratio of Population to Incorporated Areas Population density affects public services. Zoning, police and fire protection, water, and sanitation services

6. The Cities and the State General-Law and Home-Rule Cities 1,214 Municipalities in Texas Use Dillon Rule 857 General-Law Cities  Accounts for most cities  Fewer than 5,000 residents  Restrictions placed on organizing government, setting taxes, and annexing territory 357 Home-Rule Cities  Over 5,000 residents  Voters adopt a city charter, which is like a constitution.

7. The Cities and the State Forms of City Government Mayor-Council (Used by over 900 Cities) The city council provides the legislative functions. The mayor serves as the chief executive officer.  Weak Mayor  Shares power with city council  Independent election of other city administrators  Strong Mayor  Appointment and removal power  Control over budget preparation  Veto power over city council

10. The Cities and the State Forms of City Government City Commission (Used by about Five Cities) Created in Galveston in 1900 Each commissioner has executive, administrative, and legislative powers. Problems  Reduces potential for leadership  Minimal oversight of policies and budget  Commissioners often lack administrative experience.

12. The Cities and the State Forms of City Government Council-Manager (Used by 280 Cities) City Manager  Serves as the city’s administrator  Hired by city council  Manages city personnel  Implements policy  Develops the city budget

14. The Cities and the State Municipal Election Systems Nonpartisan City Elections Candidates may not reveal their partisan identities. Give advantages to higher social and economic groups when combined with at-large elections Removes voting cues Voters are forced to find alternative sources of information about candidates.

15. The Cities and the State Municipal Election Systems At-Large Elections Used by about 86 percent of cities All voters participate in the selection of all city council members. In a pure at-large system, every candidate runs against every other candidate. In the place system, candidates file for a specific council seat and run citywide for places or positions.

16. The Cities and the State Municipal Election Systems Single-Member Districts Elections are based on geographical districts. Each has one representative. Candidates must live in their district. Voters cast ballots only for their representative. Winners are determined by majority or by plurality.

17. The Cities and the State Legal Attacks on At-Large Elections Benefit nonminority high-income areas of city Challenged in court by minority groups Have had successes in El Paso, Houston, and Dallas The ethnic and racial makeup of city councils has changed dramatically over the last twenty years.

18. The Cities and the State City Revenues and Expenditures Receive no state funding Dependent on regressive taxes Property taxes One-cent sales tax Fees for permits, franchises, and hotels Amusement taxes Court fines Funds from local utilities

20. The Cities and the State City Revenues and Expenditures State restrictions on local taxes Limits property tax rate Citizens can petition for a rollback election. Balanced budgets are required. Funding for city projects is provided through general-obligation bonds and revenue bonds. Bonds require voter approval.

21. The Cities and the State Urban Problems Graying of Texas Cities In 2010, only 10 percent of Texans were over sixty-five years of age, but it translates into some 2.5 million people. Individuals older than sixty-five get a homestead property tax exemption, and this lowers tax revenues. Younger taxpayers will be called upon to shoulder the burden through higher tax rates.

22. The Cities and the State Urban Problems “White Flight” “White flight” refers to the increasing move of Anglos to the suburbs. Low-income minorities in central cities increase the need for public services. A declining proportion of affluent property owners weakens the tax structures that pay for the services.

23. The Cities and the State Urban Problems Declining Infrastructure Public facilities must be constantly maintained or expanded to support a growing population. Cities are having trouble keeping up with the increased demand for roads, utilities, water and wastewater systems, and other services.

24. The Cities and the State Urban Problems Crime and Urban Violence Much of the crime problem facing Texas is related to drug abuse, gang violence, and juvenile crime. Many city budgets cannot absorb the costs associated with the expansion of law enforcement.

25. The Cities and the State Urban Problems State- and Federal-Mandated Programs A higher level of government requires a lower level of government to carry out a specific program. Federal mandates have required transportation, education for the disabled, water and air quality standards, and voter registration. States have shifted much of the cost of public education to local governments.

26. The Cities and the State Urban Problems Environmental Issues Texas is one of the most polluted states in the nation. Cities are frequently on “ozone alert” days. How Some Cities Address These Issues  “Smart Growth” Programs  “Sustainability” and “Green City” Programs

27. The Cities and the State Urban Problems Public Employment Retiring public employees are hard to replace and have expensive pensions and health care benefits. As the baby boom generation retires, governmental agencies will face serious personnel issues. Many cities will have trouble paying pensions because they have not allocated sufficient funds.

28. County Government in Texas The Diversity of Counties 254 Counties in Texas More than any other state Vary in population, local characteristics, and public needs Can be created, altered, or abolished by the state Serve as administrative subunits of the state Collect taxes and implement state policies Cannot enact ordinances Share same basic structure Offices filled through partisan elections

30. County Government in Texas The Structure of County Government Commissioners Court and County Judge Commissioners elected by precinct  Avery v. Midland County (1968) ruled that districts must have equal populations.  Serve four-year terms County judge elected at-large  Not required to be a lawyer  Presides over commissioners court  Fills vacancies on the court  Judicial responsibilities in small counties

33. County Government in Texas The Structure of County Government County Clerk Serves as clerk of the commissioners court Maintains records and vital statistics May serve as chief elections officer District Clerk Maintains district court records County and District Attorneys Serve as prosecutors Provide legal advice to public officials

34. County Government in Texas The Structure of County Government Tax Assessor-Collector Collects property taxes and other state taxes/fees An appraisal district determines property values. County Law Enforcement Sheriffs  Primary jurisdiction over unincorporated areas  Administrator over county jails and county/district courts Constables  Administrative officers of the justice of the peace courts

36. County Government in Texas The Structure of County Government County Auditor Required in counties with 10,000 residents Appointed by district judges to two-year terms Reviews bills and expenditures Budget officer in counties with 225,000 residents County Treasurer Receives and disburses county funds Many duties being transferred to county auditors

37. County Government in Texas Criticisms of County Government Lack home-rule status Little state supervision Disparities in performance Property tax restrictions limit provision of services Limited use of civil service systems

38. Special Districts in Texas Functions and Structures of Special Districts Close to 3,375 special districts in Texas Most perform a single function, but municipal utilities districts (MUDs) provide multiple services. Governed by elected or appointed nonpartisan board Provide services that the other local governments are unwilling or unable to provide to their areas

39. Special Districts in Texas Consequences of Single-Purpose Districts Delay creation of multipurpose governments Poor management and record keeping Higher costs of providing services Low salaries; difficult to recruit qualified staff Jurisdictional rivalries develop. Duplication of costs Little public and media attention

40. Independent School Districts Inequities in the Public Education System Reform Efforts Rural area accessibility, compulsory attendance, funding, and teacher recruitment and training Structure and governance of districts, consolidation of districts, and extension of ISDs throughout state New Problems Almost 5 million students, bilingual education, special education, and graduation rates Student performance and mandated testing

41. Independent School Districts Differences among School Districts 1,050 Local School Districts (7,972 Schools) Number of students Financial resources Facilities Graduation rates Other performance measures

42. Independent School Districts Local School Governance School boards Three to nine members selected in nonpartisan elections Hire school superintendent—most important job Similar to council-manager form of government  Board = Council  Superintendent = Manager Boards too involved in day-to-day management can be reprimanded by Texas Education Agency.

43. Solutions to the Problems of Local Government Privatization of Functions Contracting out services Leasing property from private owners Examples of City Contracts Garbage pickup and waste disposal Towing, food services, and security

44. Solutions to the Problems of Local Government Annexation and Extraterritorial Jurisdiction Extraterritorial Jurisdiction Areas one-half mile to five miles beyond the city limits Areas subject to land use restrictions and building codes of the city Annexation Extend city boundaries up to 10% of city’s territory Does not require the approval of annexed residents Cities must provide services within two and a half years.

45. Solutions to the Problems of Local Government Modernization of County Government Establish home rule Grant power to make ordinances Modernize information and communications systems Create an office of county administrator Extend civil service systems

46. Discussion Question Modernizing County Government What are some of the various proposals for modernizing county government? What are the political problems faced by those who support such changes?

47. Solutions to the Problems of Local Government Economic Development Cities Tax increment financing for districts One-half-cent tax for economic development Offer tax abatements to attract businesses Counties Form enterprise zones Relax state regulatory policies Offer tax abatements to attract new businesses

48. Solutions to the Problems of Local Government Interlocal Contracting Smaller cities contract with larger cities to provide services. Metro Government and Consolidation Reduce fragmentation, duplication, and overlap of government services Public Improvement Districts May improve landscaping, lighting, streets, sidewalks, libraries, parking, water, and drainage