1. Local Governments in Texas
CHAPTER 6
Local Governments in Texas

2. Texas Learning Outcomes
Describe local political systems in Texas

3. Chapter Learning Objectives
Define types of local government
Define general law cities and home rule cities
Explain municipal elections in Texas, including a discussion of voter turnout
Describe county governments in Texas, including weaknesses and possible reforms
Discuss special purpose districts

4. Federalism Revisited
U.S. federalism assigns different functions to different levels of government
Local government is one such level
Nationwide, there are approximately 89,000 local government units
Texas has a little over 5,000

5. TABLE 6.1 Number of Local Governments in the United States and Texas, 2012
Governmental Units
United States
Texas
Counties
3,031
254
Cities
19,522
1,214
Townships
16,364
n/a
School districts
12,884
1,079
Special districts
37,203
2,600
Totals
89,004
5,147
Source: U.S. Census Bureau, 2012 Census of Governments: The Many Layers of American Government. Note that the next Census of Governments will occur in 2017.

6. Creatures of the State
In the federal system, states may form local governments to aid in performing their police powers—enacting and enforcing statutes
Municipalities and other local governments are legal creatures of the state, meaning they are constrained by and lack existence independent of state action
The states have substantial discretion in the types of authority they grant their local governments

7. Creatures of the State: Local Governments Categorized
General-purpose governments have broad discretionary authority
They control their own spending, revenue, and personnel, and manage their own governmental structures
Municipalities are the most visible example
Limited-purpose governments have narrow authority
They have little leeway over revenue, spending, and personnel; and their structures are set by the state
Examples include school districts and counties

8. General Law Cities and Home Rule
Cities in Texas are chartered as either a general law city, defined in state statutes, or a home rule city
A city’s charter is its constitution
About 75% of Texas cities are under general law
Home rule allows greater latitude in governing local affairs
Texas cities with populations of at least 5,000 may be chartered as home rule cities
Home rule cities may pass ordinances not prohibited by state law; and may amend their charters with the approval of the city’s voters

9. Incorporation: The Process of Creating a City
Legally, cities are municipal corporations, so the process of establishing a city is incorporation
Local citizens petition the state; a majority vote to approve establishment of a city with explicit boundaries; and the state issues a municipal corporate charter
In Texas:
At least 201 citizens must live within a 2-square-mile area
10% of registered voters and 50% of property owners must petitions for an election
If incorporation is approved, the city is granted a general law charter; and a second election determines city officials

10. Incorporation: Extra-Territorial Jurisdiction
All Texas cities have extra-territorial jurisdiction (ETJ) that extends beyond the city’s limits
General law cities have only one-half mile of ETJ, but the distance increases as populations increase, to as much as five miles
ETJ provides a city some measure of regulatory control over the growth of surrounding areas
A city cannot be incorporated within the ETJ of an existing city unless the existing city approves

11. Annexation
Texas cities have broad annexation powers; they may expand by annexing land within their EJT
The city council can unilaterally annex land
Cities annex land for several reasons
To avoid being surrounded by other incorporated cities
To protect and enhance their tax base
To become more important politically
The rapid growth of Texas cities has created counter pressure from people enjoying the benefits of nearby cities without paying for those benefits

12. Types of City Government
In the United States, 33% of the cities use a mayor-council form of government, and 59% use a council-manager form
The mayor-council system has two variations: the strong mayor system and the weak mayor system
A third form of local government is the commission form, used by only a few cities nationwide
It is not used in Texas

13. Council-Manager Government
In the council-manager form of government, voters elect a mayor and city council, and the mayor and city council appoint a professional administrator to manage the city
This is the most popular form of city government in Texas today
The mayor and city council establish the mission, policy, and direction of city government
All administrative authority rests with the city manager

14. FIGURE 6.1 Council-Manager Form of City Government
Under this system, the voters elect a small city council (usually seven members), including a mayor, with an attorney, city clerk, and auditor. The council hires a city manager, who has administrative control over city government. The city manager appoints and removes the major heads of departments of government and is responsible for budget preparation and execution.

15. FIGURE 6.2 Roles in the Council-Manager Form of Government
Dimensions of governmental process
Illustrative tasks for council
Illustrative tasks for administrators
Mission: Determine “purpose,” scope of services, tax level, constitutional issues. Policy: Pass ordinances, approve new projects and programs, ratify budget. Administration: Make implementing decisions, e.g., site selection, handle complaints, oversee administration. Management: Suggest management changes to manager, review organizational performance in manager’s appraisal.
Mission: Advise (what city “can” do may influence what it “should” do), analyze conditions and trends. Policy: Make recommendations on all decisions, formulate budget, determine service distribution formulas. Administration: Establish practices and procedures and make decisions for implementing policy. Management: Control the human, material, and informational resources of organization to support policy and administrative functions.
FIGURE 6.2 Roles in the Council-Manager Form of Government
The curved line suggests the division between the council’s and the manager’s spheres of activity (the council’s tasks to the left of the line, the manager’s to the right). This division roughly approximates a “proper” degree of separation and sharing; shifts to the left or right would indicate improper incursions.

16. Council-Manager Government: Roles
The mayor is the presiding officer of the council and most often has a vote on all issues
The mayor is the head of state, a symbolic leader; laws are passed by a majority vote of the council
The city manager is appointed by the council and serves as chief administrative officer
He or she can be removed at any time
Most are highly-educated, experienced professionals who can instill a high level of professionalism in city staff
Managers provide information and advice to the council on the impact of policy changes

17. Council-Manager Government: Weaknesses
Council members are part-time and usually serve only briefly
The city manager is not directly answerable to voters and can appear to lack influence
Because of political coalitions on a council, a city manager may be able to ignore parts of the community in terms of providing city services
A powerful city manager can skew and hide information in order to control policy decisions

18. Mayor-Council Government
In the weak mayor form of government, the mayor’s formal powers are limited
The mayor shares power with other elected officials and the city council; has only limited control over the budget; serves a limited number of terms; and has little or no veto
In the strong mayor form of government, the mayor appoints and removes department heads
He or she also controls the budget; is not term-limited; and can veto actions of the council
Many home rule cities in Texas blend strong and weak mayoral powers

19. FIGURE 6.3 Weak Mayor-Council Form of City Government
The mayor shares power with other elected officials—attorney, treasurer, auditor, and city clerk—and with the city council. The mayor and city council oversee the department heads.

20. FIGURE 6.4 Strong Mayor-Council Form of City Government
The voters elect a mayor and city council. The mayor, with a chief of staff, oversees the various departments and can appoint and remove the major heads of departments.

21. TABLE 6.2 Comparison of Council-Manager, Weak-Mayor, and Strong-Mayor Forms of Government
Council-Manager Form
Weak-Mayor Form
Strong-Mayor Form
A city manager hired by city council is responsible for administration.
City manager appoints and removes department heads.
City manager is responsible for budget preparation and execution.
Power of the mayor is limited and divided among city council and other elected officials.
Mayor has limited control over budget.
Mayor has term limits.
Mayor has no veto authority.
Mayor can appoint and remove major department heads.
Mayor controls budget.
Mayor is not restricted by term limits.
Mayor has veto power.

22. Communicating Effectively …
CORE OBJECTIVE
Communicating Effectively …
Compare Figures 6.1, 6.3, and 6.4 with Table 6.2 (on the previous slides).
Discuss the fundamental differences between weak mayor, strong mayor, and council-manager forms of government. Which do you prefer and why?

23. Hispanic Representation in Local Government
FOCUS ON
Hispanic Representation in Local Government
There are two broad types of political representation:
In descriptive representation, a population’s demographics are mirrored in its government officials
In substantive representation, constituents’ interests are reflected in political and policy decisions of representatives
Descriptive should lead to substantive
One problem in Texas is that few Hispanics and other minorities attain positions of municipal authority; but representation is improving
Example: Julian Castro, mayor of San Antonio from to 2014

24. Commission Form of Government
In the commission form, voters elect department heads who also serve as members of the city council
No home rule city in Texas uses this form today
The city of Galveston was able to quickly rebuild after a hurricane by adopting the commission form in the early twentieth century; other major cities followed their lead
Each of typically five commissioners were elected citywide as the head of a city department, combining both legislative and executive functions
Due to several fundamental weaknesses of the form, few commission governments remained by the end of World War II

25. FIGURE 6.5 Commission Form of Government
Voters elect department heads who also serve as members of the city council. Voters also elect an auditor.

26. Commission Form of Government: Weaknesses and Impact
The commission form created many problems
Citizens did not always elect competent administrators
The combination of legislative and executive functions eliminated the separation of powers and its checks and balances; and logrolling set in
Initially there was no single, strong leader in the position of mayor, which proved to be a major shortcoming
The form did serve as a transition between the old weak mayor form and the council-manager form
Many Texas cities retained the term commission for the city council

27. Municipal Elections: At-Large Election Systems
At-large election systems and single-member district systems are the two most common election types
Many cities led by early commissions chose to move away from the single-member district system and instead elected council members at large, by all voters in the city
There are several variations of the at-large election system; at-large by place is most common in Texas
Some cities, such as Houston, use a combination of at-large and single-member district systems

28. FIGURE 6.6 Variations of At-Large Systems
At-large by place
This is the most common such system used in Texas. In this system, candidates file for at-large ballot positions, which are usually given a number designation—Place 1, Place 2, and so on. Voters cast one vote for each at-large ballot position, and the candidate with a majority is elected to that place on the city council.
At-large by place with residence wards required
In this system, candidates file for a specific place as in an at-large by place system; however, these candidates must live in a section, area, or ward of the city to file for a specific place. Mayors can live anywhere in the city. All voters in the city elect them at large.
At-large no place
This is the least common system used in Texas. In this system, all candidates seeking election to the council have their names placed on the ballot. If there are ten candidates seeking election and five open seats, each voter is instructed to cast one vote each for five candidates. The top five vote getters are elected. With this method, it is not uncommon for a candidate to win with only a plurality (less than a majority) of the vote.
FIGURE 6.6 Variations of At-Large Systems

29. Municipal Elections: Single-Member District Election Systems
In single-member district elections, each city council seat is assigned to a specific district
City districts have approximately equal populations; the voters in each elect a council member, who usually must reside within the district
All district elections in Texas are SMD systems
Most major cities were forced by the Voting Rights Act to change to SMD for at least some city council seats
With SMD systems, the number of minority candidates elected has increased; and council members have shown greater concern for neighborhood issues and administrative affairs

30. Being Socially Responsible …
CORE OBJECTIVE
Being Socially Responsible …
Compare at-large election systems and single-member district systems.
An argument in favor of single-member district systems is that they increase minority representation in local government.
In your opinion, does increased minority representation increase intercultural competency? Why?

31. Municipal Elections: Cumulative and Preferential Voting Systems
In a cumulative voting system, each voter has votes equal to the number of seats open
Voters can concentrate all their votes on one candidate
Several cities and school districts have adopted this system, which is preferred by voting rights activists
In a preferential voting system, or instant-runoff system, voters rank candidates for city council
The most-preferred candidates are elected
No city in Texas uses this form today
These alternative systems result in more minority candidates being elected

32. Nonpartisan Elections
All municipal elections in Texas are technically nonpartisan elections, in that candidates are on the ballot without any party designation
However, the use of a nonpartisan ballot does not eliminate partisanship from local politics
For decades, “nonpartisan organizations” ran slates of candidates and dominated city politics
Partisanship has been a factor in recent city elections, especially in mayoral races
Example: the influence of the Tea Party

33. Voter Turnout in Local Elections
In Texas municipal elections, voter turnout tends to be low for several reasons
Some cities conduct local elections in off years
Many cities hold their elections in May rather than November
Often candidates’ races are uncontested
What media coverage exists tends to concentrate on mayors’ races, and suburban elections are ignored
The lack of interest is disturbing because city government has great authority over numerous aspects of our daily lives

34. Taking Personal Responsibility …
CORE OBJECTIVE
Taking Personal Responsibility …
Local government directly impacts people in their daily lives. What can you do to improve local government?

35. County Governments
Texas has the largest number (254) of county governments in the United States
Originally intended as an “arm” of state government, county governments also provide local services; but in Texas, the services provided are typically very limited—primarily road construction and police protection
In some states urban counties are major providers of urban services, such as fire protection; but in Texas, this is usually handled by city governments
In Texas, 59% of the population lives in the 10 largest urban counties

36. TABLE 6.3 The 10 Largest Counties in Texas, 2015
County and (Major City)
2015 Population
Harris (Houston)
4,538,028
Dallas (Dallas)
2,553,385
Tarrant (Fort Worth)
1,982,498
Bexar (San Antonio)
1,897,753
Travis (Austin)
1,176,558
Collin (Plano)
914,127
Hidalgo (McAllen)
842,304
El Paso (El Paso)
835,593
Denton (Denton)
780,612
Fort Bend (Sugar Land)
716,087
Total
16,236,945
Percentage of total population of Texas in the 10 largest counties
59%
Source: U.S. Census Bureau, Annual Estimates of the Resident Population: April 1, 2010 to July 1, 2015 (by County). 

37. The Structure of County Government
Regardless of the county’s size, all Texas county governments have the same basic structure
Most accurately is it is described as weak or plural executive
According to the constitution of 1876, voters elect the heads of major departments of county government
The writers of the constitution distrusted appointive authority and trusted the electorate to choose administrators

38. FIGURE 6.7 Structure of County Government in Texas
County government can most accurately be described as weak or plural executive. Voters elect the heads of major departments.
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39. The Structure of County Government 2
The governing body of county government is the county commissioner’s court, composed of the constitutional county judge and four commissioners
The county judge presides as the chair
Each of the four districts should comprise roughly the same number of residents
There are seven constitutionally prescribed county officers elected by the voters, such as the sheriff, who act as heads of departments of government
Some counties have other minor elected officials

40. The Structure of County Government: Elected County Officers
The county sheriff is elected for a four-year term and serves as the county’s law enforcement officer
The voters also elect constables who serve as law enforcement officers
The county and district attorneys are the chief prosecuting attorneys for criminal cases
The county attorney works at the county court level, the district attorney at the district court level
Not all counties have county attorneys
The tax assessor/collector collects revenue for the state and county

41. The Structure of County Government: Elected County Officers 2
The county clerk is the chief record keeper and may be responsible for conducting elections
The district clerk maintains court records, schedules cases, administers payments, and maintains accounts
The county treasurer receives, maintains, disburses, and keeps records of all county funds and may be the chief investment officer
The county auditor—not elected but appointed by the district judge or judges—oversees the collection and disbursement of county funds

42. Weaknesses of County Government in Texas
Inherent weaknesses of the plural executive form of government include the lack of centralized authority
Elected officials make many independent decisions and hire their own staffs
Additionally, voters do not always select the most competent person to administer departments
With four separate road crews (one for each precinct), duplication and inefficiencies are common

43. West Texas volunteer firefighters clean a fire unit at their headquarters on Friday, April 19, Only two days prior, the West Fire Dept. responded to a fertilizer company explosion that caused several fatalities and extensive damage to the community.
© Ron T. Ennis/Fort Worth Star–Telegram/AP Images

44. Weaknesses of County Government in Texas 2
Weaknesses are also seen in the inability of county governments to confront problems in urban areas
Dense urban populations on the fringe of cities need services that are not necessary in rural areas
County governments are usually unable under state law to provide basic services common to city governments
County governments must seek legislative approval to pass specific ordinances
Because most counties rely on the property tax, city residents often pay twice—both county taxes and city taxes—for the same services

45. Possible Reform of County Government
Whereas other states have modernized county governments, Texas has refused efforts for change
Example: the suggestion to allow for county home rule has been strongly opposed by the many county elected officials who see this as a threat to their jobs
County officials often have very provincial attitudes about the role of county government and seem content with the status quo

46. CORE OBJECTIVE
Thinking Critically …
Identify some of the problems facing county governments.
What solutions would you propose?

47. Special District Governments
Special purpose districts are governments created to perform a specific set of duties or functions
Some are single-purpose (fire) and others multipurpose (water, sewer, street repair); some cover several counties and others are very small
Texas has about 2,600 special purpose districts
The primary reason is to provide services where no other governmental unit exists to provide them
It is difficult for citizens to keep track of the many special districts that provide their services
Many have taxation authority and can raise property taxes

48. School Districts
Public education in Texas is largely administered by 1,079 school districts
All but one of these are independent school districts (ISDs), which operate independently of any city or county
A school district is governed by a board of trustees, elected in nonpartisan elections
The superintendent is the chief executive officer, a role similar to the role of the city manager in the council-manager system of local government
Many school districts are politicized, increasing the pressure on the superintendent

49. Conclusion
Local governments provide critical services and have important effects on the daily lives of citizens
In Texas, city governments are the principal providers of local services
Council-manager governments govern most major cities, bringing a degree of professionalism often lacking in county governments and other units
County governments have resisted change, remaining bound to a form designed by and for an agrarian society

50. Summary Define general law cities and home rule cities
City governments are municipal corporations granted a charter that provides the basic organization and structure of the city government. In Texas, the charters for general law cities are spelled out in state statutes. The charters for home rule cities are created by their citizens.
Define types of local government
In the strong mayor-council form, most power rests with the mayor; in the weak mayor-council form, power is shared with other officials. In the council-manager form, a professional administrator manages the city. One other form is the commission form, not used in Texas today.

51. Summary 2
Explain municipal elections in Texas, including a discussion of voter turnout
Election systems include at-large election systems and single-member district systems, along with the less common cumulative voting and preferential voting systems. Voter turnout in municipal elections tends to be low for several reasons.
Describe county governments in Texas, including weaknesses and possible reforms
County governments are the administrative arms of state government. In Texas, they provide limited services and have inherent weaknesses, especially in confronting urban issues.

52. Summary 3 Discuss special purpose districts
Special purpose districts are created to provide specific services, such as water, sewage, fire protection, or public transportation. Independent school districts are one example. Many special purpose districts have taxation authority.

53. Long image descriptions
Appendix A

54. FIGURE 6.7 Structure of County Government in Texas Appendix
Voters elect the commissioner’s court, composed of judge and four commissioners, each from a commissioner precinct.
Each county commissioner directs a separate road crew.
Seven county officers elected by the voters are sheriff, district attorney, county attorney, tax assessor/collector, district clerk, county clerk, and county treasurer. The voters also elect constables.
The district judge or judges appoint the county auditor.
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