1. Local Governments 3 Chapter
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2. Learning Objectives
3.1 Explain the relationships that exist between a local government and all other governments, including local, state, and national governments. 3.2 Describe the forms of municipal government organization. 3.3 Identify the rules and social issues that shape local government outcomes. 3.4 Analyze the structure and responsibilities of counties. 3.5 Examine the functions of special districts and their importance to the greater community. 3.6 Discuss the ways that local governments deal with metropolitan-wide and regional issues.
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3. Local Politics in Context
Local Governments and Federalism
Dillon’s Rule
Cooley Doctrine
Almost 5,000 local governments
Territories often overlap
Dillon’s Rule
A legal principle that local governments have only those powers granted by their state government. Still followed in the majority of states, including Texas.
Cooley Doctrine
The opposing Cooley Doctrine, named after Michigan judge Thomas M. Cooley and followed in ten states, says ‘‘Local Government is a matter of abso­lute right; and the state may not take it away.
The territories of local governments often overlap. Your home, for example, may be in a county, a municipality, a school dis­trict, a community college district, and a hospital district—all of which col­lect taxes, provide services, and hold elections.
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4. Local Politics in Context
Grassroots Challenges
Providing equal access to public services for all communities
SpeakupAustin! social media portal
Widespread voter apathy
Typical to have fewer than 10% voter participation
Learning Check 3.1
Do local governments have more flexibility to make their own decisions under Dillon’s Rule or the Cooley Doctrine? Which one does Texas follow?
Are intergovernmental relations marked by conflict, cooperation, or both?
The City of Austin has created several internet websites to inform and engage its citizens on their concerns. SpeakupAustin! is an online social media portal that was developed with the younger residents of the city in mind. The site gives information on city projects, has a forum for different political and social topics; and allows users to vote and share their opinions on issues. The city also has a website “austintexas.gov” that provides resources for all areas of city government including paying city service bills, business updates, city council s, and more.
Learning Check
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5. Municipal Governments
Legal Status of Municipalities
Two legal classifications
General-law cities (charter by legislature)
Home-rule cities (locally drafted charter)
Greater flexibility in structure and operation
Three powers not held by general-law cities
Recall
Initiative
Referendum
municipal (city) government
A local government for an incorporated community established by law as a city.
recall
A process for removing elected officials through a popular vote. In Texas, this power is available only at the local level, not at the state level.
initiative
A citizen-drafted measure proposed by a specific number or percentage of qualified voters, which becomes law if approved by popular vote. In Texas, this process occurs only at the local level, not at the state level.
referendum
A process by which issues are referred to the voters to accept or reject. Voters may also petition for a vote
to repeal an existing ordinance. In Texas, this process occurs at the local level in home rule cities. At the state level, bonds secured by taxes and state constitutional amendments must be approved by the voters.
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6. Municipal Governments
Forms of Municipal Government
Strong mayor-council
Mayor elected at large
Mayor has power to veto council actions
Weak mayor-council
Mayor has limited administrative powers
City council can override mayor’s veto
strong mayor-council form
A type of municipal government with a separately elected legislative body (council) and an executive head
(mayor) elected in a citywide election with veto, appointment, and removal powers.
weak mayor-council form
A type of municipal government with a separately elected mayor and council, but the mayor shares appointive and removal powers with the council, which can override the mayor’s veto.
Critical Thinking Question:
What is the difference between the Strong Mayor-Council and Weak Mayor-Council form of government?
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7. Strong Mayor-Council Form of Municipal Government (Houston)
Figure 3.1
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8. Municipal Governments
Forms of Municipal Government
Council Manager
Most home-rule cities use
Mayor and City Council elected
City Manager appointed
Major weakness: lack of a leader
Respond to elite and middle-class rather than working class concerns
council-manager form
A system of municipal government in which an elected city council hires a manager to coordinate budgetary matters and supervise administrative departments. Under the council-manager form, the mayor and city council make decisions after debate on policy issues, such as taxation, budgeting, annexation, and services. The city manager’s actual role varies considerably; however, most city managers exert strong influence.
middle class
Social scientists identify the middle class as those people with white-collar occupations (such as professionals and small business workers).
working class
Social scientists identify the working class as those people with blue-collar (manual) occupations.
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9. Council-Manager Form of Government (San Antonio, 2014)
Figure 3.2
Critical Thinking Question: What advantages does the city manager have in this form of government over the mayor? What concerns would citizens have about this form of government and why?
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10. Municipal Governments
Forms of Municipal Government
Commission
Each government department is responsibility of a single commissioner
Learning Check 3.2
Name the two legal classifications of cities in Texas and indicate which has more flexibility in deciding its form and the way it operates.
Which form of municipal government is most common in Texas’s larger home-rule cities? In smaller cities?
commission form A type of municipal government in which each elected commissioner is a member of the city’s policymaking body, but also heads an administrative department (e.g., public safety with police and fire divisions).
Learning Check
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11. Municipal Politics Rules make a difference
Nonpartisan elections (no party labels)
Low voter turnout
More personal/less issue oriented
Redistrict after every 10-year census
Ways to organize municipal elections
At-large elections
Single-member district elections
Cumulative voting
nonpartisan election
An election in which candidates are not identified on the ballot by party label.
redistricting
Redrawing of boundaries after the federal decennial census to create districts with approximately equal population (e.g., legislative, congressional, commissioners court districts, and city council districts in Texas).
at-large election
Members of a policymaking body, such as some city councils, are elected on a citywide basis rather than from single-member districts.
single-member district election
Voters in an area (commonly called a district, ward, or precinct) elect one representative to serve on a policymaking body (e.g., city council, county commissioners court, state House and Senate).
cumulative voting
When multiple seats are contested in an at-large election, voters cast one or more of the specified number of votes for one or more candidates in any combination. It is designed to increase representation of historically underrepresented ethnic minority groups.
term limit
A restriction on the number of terms officials can serve in a public office.
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12. Municipal Politics Socioeconomic and Demographic Changes
Increasing levels of urbanization, education, and economic development has made state more diverse
Houston most diverse political system
Dallas serious black-white racial tensions
South Texas has Latino leaders at all levels
Clearly, the face of local government has changed as a result of increased use of single-member districts; greater pluralism in the state; and the growing number, organization, and political activity of minority Texans.
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13. Municipal Politics Municipal Services
Government’s major job is to provide services . . .
Police and fire protection
Water and streets
Sewer and sanitation
Parks and recreation
Zoning has received more opposition in Texas than most other states
Zoning ordinances regulate the use of land, for instance, by separating commercial and residential zones, because bringing businesses into residential areas often increases traffic and crime. Zoning has received more opposition in Texas than in most other states, although its use is growing. Among Texas’s 10 largest municipalities, only Houston has no zoning authority, though the city does help enforce deed restrictions that protect neighborhoods and uses its control of access to utilities to control and direct growth.
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14. Municipal Politics Municipal Government Revenue
Low levels of state assistance; local governments hurt by “Great Recession”
Taxes (property tax, sales tax)
Fees
Bonds and Certificate of Obligation
Property Taxes and Tax Exemptions
Local governments have also been hurt by the recent ‘‘Great Recession,’’ particularly the decrease in property values (which are the basis of property taxes) and the slowing of sales tax receipts. The 2009 federal stimulus bill provided $16.8 billion to Texas, but most of that money went to the state rather than to local governments. Even as the state’s economy has begun to improve, the major revenue sources for local government—property and sales tax receipts—have been slow to recover.
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15. One Home but Property Taxes from Four Governments
Table 3.1
Explanation: A county appraisal district decides the value of each property, and each local government sets its tax rate and the amount of the exemption it will give for special circumstances such as living in a home you own (homestead exemption), being 65 or older, or being disabled—all within the limits of state law. The local government does not collect taxes on the exemption amount. Also, sales tax revenue can effectively reduce property tax rates—in this case, rates for the city and county. The property owner in this case pays a total of $1,541 in property taxes to four different local governments.
*The Exemption Amount is deducted from the Appraised Value ($120,220 for each government entity).
**The Nominal Tax is the Taxable Value multiplied by the Tax Rate.
***The Actual Tax may be less than the Nominal Tax because an entity may place a ‘‘ceiling’’ on the taxes of those 65 and over and
the disabled. As long as the person owns and lives in their residence, the tax from that entity will not go up. Note that three of the four
entities use the ceiling, saving this taxpayer $900.
Sources: Calculated by the author from data and rules provided by Walker County Appraisal District,
com, and Texas Comptroller,
(An Example from Walker County on a Home with an Appraised Value of $120,220; Taxes Paid in January 2014)
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16. Municipal Politics Generating Revenue for Economic Development
State and federal appropriations shrinking
Attract businesses with tax incentives
Tax reinvestment zones (TRZs)
Controversial
Learning Check 3.3
Which of the following election forms tend to increase the representation of minorities in local government: nonpartisan elections, redistricting, at large elections, single-member district elections, or cumulative voting?
What are the two largest tax sources that provide revenue to local governments? Do these taxes usually provide enough revenue for local governments to meet the demands placed on them?
tax reinvestment zone (TRZ)
An area in which municipal tax incentives are offered to encourage businesses to locate in and contribute to the development of a blighted urban area. Commercial and residential property taxes may be frozen.
Many observers of similar plans argue that companies attracted by tax breaks often make minimal actual investments and leave as soon as they have realized a profit from the tax subsidies. Yet, because TRZs sometimes work, many cities starved for the monetary resources to combat decay are willing to take the gamble.
Learning Check
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17. Counties Structure and Operation 254 counties Commissioners Court
Administrative and legislative (not judicial)
commissioners court
A Texas county’s policymaking body, with five members: the county judge, who presides, and four commissioners representing single member precincts.
Critical Thinking Question:
Do most citizens know the role of their County Commissioners Court?
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18. Counties Structure and Operation County Judge
Most prominent job in county government
County Attorney and District Attorney
County Sheriff
Law Enforcement and Judges
Statutory county courts
District court
Justices of the peace
Constables
 county judge
A citizen popularly elected to preside over the county commissioners court and, in smaller counties, to hear civil and criminal cases.
county attorney
A citizen elected to represent the county in civil and criminal cases, unless a resident district attorney performs these functions.
 district attorney
A citizen elected to serve one or more counties who prosecutes cases, gives advisory opinions, and represents the county in civil cases.
county sheriff
A citizen popularly elected as the county’s chief law enforcement officer; the sheriff is also responsible for maintaining the county jail.
statutory county court
Courts created by the legislature at the request of a county; may have civil or criminal jurisdiction or both depending on the legislation creating them.
district court clerk
A citizen elected to maintain records for the county and district courts.
justice of the peace
A judge elected from a justice of the peace precinct who handles minor civil and criminal cases, including small claims court.
constable
A citizen elected to assist the justice of the peace by serving papers and in some cases carrying out security and investigative responsibilities.
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19. Counties Structure and Operation County Clerk
County Tax Assessor-Collector
Role is decreasing
Treasurer and Auditor
county clerk
A citizen elected to perform clerical chores for the county court and commissioners court, keep public records, maintain vital statistics, and administer pubic elections, if the county does not have an administrator of elections.
county tax assessor collector
This elected official no longer assesses property for taxation but does collect taxes and fees and commonly handles voter registration.
county tax appraisal district
The district appraises all real estate and commercial property for taxation by units of local government
within a county.
county treasurer
An elected official who receives and pays out county money as directed by the commissioners court.
county auditor
A person appointed by the district judge or judges to check the financial books and records of other officials who handle county money.
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20. Counties County Finance Taxation Revenues from Nontax Sources
Tax Incentives and Subsidies
The Bottom Line
Pressure to increase taxes and balance budgets
Expenditures
bond
A certificate of indebtedness issued by a borrower to a lender that constitutes a legal obligation to repay the principal of a loan plus accrued interest. In Texas, both state and local governments issue bonds under restrictions imposed by state law.
The state restricts county expenditures in certain areas and mandates spending in others. Yet patterns of spending vary considerably from county to county. The biggest variation is between rural and metropolitan counties.
Although the county judge, auditor, or budget officer prepares the budget, the commissioners court is responsible for final adoption of an annual spending plan. Preparation of the budget generally enhances the commissioners court’s power within county government.
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21. Counties County Government Reform Merit systems in large populations
County home rule
Texas strongly against
One often-suggested reform is county home rule to give counties more ability to organize and operate in accordance with local needs and wishes. Research suggests that although county home rule better meets community demands, it also tends to expand county spending. Different states allow varying degrees of county home rule. Texas is among the states that are most strongly against home rule.
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22. Counties Border Counties Unprecedented growth near Rio Grande NAFTA
Many live in colonias
Extremely poor
Government does little to help
Undocumented immigrants
Learning Check 3.4
True or False: Local residents of each county can determine the structure of their own county government.
What is the major policymaking body in each Texas county?
colonia
A low-income community, typically located in South Texas and especially in counties bordering Mexico, that lacks running water, sewer lines, and other essentials.
Learning Check
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23. Colonias lack infrastructure or utilities
Critical Thinking Question: Should county government, along the border, work on improving the conditions of colonias? Why?
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24. Special Districts Public School Districts More than 1,000 ISDs
Critical Thinking
Public School Districts
More than 1,000 ISDs
Increase in state/federal requirements
Increasing ethnic/economic diversity
School finance
Equity
How much should be spent?
Property tax only local revenue source
Critical Thinking Question: How will tuition increases affect student access to and success in higher education?
special district
A unit of local government that performs a particular service, such as providing schools, hospitals, or housing, for a particular geographic area.
independent school district (ISD)
Created by the legislature, an independent school district raises tax revenue to support its public schools. Voters within the district elect a board that hires a superintendent, determines salary schedules, selects textbooks, and sets the district’s property tax rate.
Poor districts, relying on property taxes, had to tax at a high rate to provide minimum expenditures per pupil. Wealthier districts, on the other hand, could spend considerably more with significantly lower tax rates. In addition, the two major sources of funding for the school districts (state appropriations and the property tax) have expanded more slowly than demand. The proportion of education funding provided by the state has remained under 50 percent, and property tax revenue tends to grow slowly and to fluctuate.
Not surprisingly, school districts receive more than 50 percent of property taxes collected in the state.
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25. Special Districts Junior or Community College Districts
50 districts with two or more colleges
Noneducation Special Districts
Nearly 2,300 found in Texas
Many local needs cut across city boundaries
Restrictions make it difficult
Individuals create districts to make money (T. Boone Pickens)
Learning Check 3.5
What are the two categories of special districts in Texas?
Why are special districts so important?
junior college or community college district
Establishes one or more two-year colleges that offer both academic and vocational programs.
As a result of the Great Recession, community college enrollment has increased markedly, while revenues from taxes and the state have slowed. Schools have been forced to make cuts, enforce class size minimums, increase tuition, and consider limiting enrollment.
noneducation special districts
Special districts, other than school districts or community college districts, such as fire prevention or water districts, that are units of local government and may cover part of a county, a whole county, or areas in two or more counties.
How special districts can be manipulated for private gain is illustrated by oilman T. Boone Pickens’s 2007 creation of a public water district on eight acres outside of Amarillo. Pickens sold the land at the back of his ranch to five employees. Two of them, the couple who managed his ranch (and the only residents of the eight acres), voted approval of the district, which is trying to use the government power of eminent domain to acquire right-of-way and issue tax-exempt bonds to finance a $2.2 billion pipeline to transport water to Dallas or San Antonio. The right of way also would serve to transport power generated by the wind farm Pickens was developing in the area. The Great Recession and other problems put the wind farm on hold. In addition, the district is meeting serious legal and political challenges, because it will be using a public entity for private gain, promoting the unpopular taking of land for right-of-way, and potentially extracting huge amounts of water from the already troubled Ogallala Aquifer, on which Panhandle agriculture and cities depend.
Learning Check
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26. Texas Community, Technical, and State Colleges
Figure 3.5
Source: Reprinted by permission of the Texas Association of Community Colleges
Critical Thinking Question: How will tuition increases affect student access to and success in higher education?
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27. Metropolitan Areas Metro government Councils of Government
Possible solution to address variances in urban/suburban governments
Councils of Government
24 created in 1960s
Perform regional planning
Implement state/federal programs
metro government
Consolidation of units of local government within an urban area under a single authority.
council of government (COG)
A regional planning body composed of governmental units (e.g., cities, counties, special districts); functions include review and comment on proposals by local governments for obtaining state and federal grants.
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28. Metropolitan Areas Municipal Annexation Law enacted in 1963
Cities have extraterritorial jurisdiction (ETJ)
Designed to improve order and planning
Makes Texas central cities larger than other states
City can annex contiguous unincorporated areas without a vote by citizens living in area
Those with few services (fire, police) want annexation
Learning Check 3.6
What are the two primary ways that Texas deals with problems in metropolitan areas?
Which groups want to be annexed? Which do not?
Extraterritorial jurisdiction (ETJ)
The limited authority a city has outside its boundaries. The larger the city’s population size, the larger the reach of its ETJ.
annex
To make an outlying area part of a city. Within a city’s extraterritorial jurisdiction, the city can annex unincorporated areas without a vote by those who live there.
Some areas with few urban services (such as police, fire, and sewer) are happy to be annexed. But, not surprisingly, established suburban communities generally object strenuously to being ‘‘gobbled up’’ without their permission. Examples from the Houston area include Clear Lake City (home of the Johnson Space Center) and Kingwood. In 2006–2007, The Woodlands, a planned community between Houston and Conroe, worked out financial settlements with both cities to avoid annexation. A widespread complaint is that while the annexing city is required by law to provide the same level of service to annexed areas, this is often slow in happening.
Learning Check
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29. Texas Councils of Government
Figure 3.6
Source: Reprinted by permission of the Texas Association of Regional Councils
Critical Thinking Question: Why does Texas have so many levels of government? Are COGS really necessary?
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30. Houston Taps Emergency Water
Click picture to view video
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31. Video Discussion Questions
Which government entity is responsible for providing water to Houston residents?
What everyday resources are local governments responsible for?
Should the state oversee water allocation? Should the federal government?
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