1. Legal Status of Cities
GOVT 2306, Module 11

2. 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

3. 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.

4. 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.

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

6. 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?

7. 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.

8. 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

9. 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?

10. 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.

11. 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.

12. 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

13. 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

14. 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.

15. 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.

16. 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?