Chapter 22

Local Government and Politics in Texas

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American Government2006 Edition(to accompany Comprehensive, Alternate, Texas, and Essentials Editions)

O’Connor and Sabato

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The Roots of Local Government in Texas Roots emerge in colonial America Few people lived in Texas when it was governed by

Spain and then Mexico Twenty-three large districts governed by a council,

a judge, an attorney, a sheriff and a secretary 1827 Constitution of Coahuila y Tejas directed these

local governments to establish schools When the Republic of Texas formed, these districts

became counties Cities also created as municipal corporations

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The Roots of Local Government in Texas

As a result of a nationwide municipal home rule movement, Texas adopted a constitutional amendment that allowed cities to decide their own structure, and with some limits, their powers.

Extended to counties in 1933

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Counties Texas Association of Counties

Professional association and lobbying arm for county governments

County governments are multifunctional. PRIMARY areas of responsibility

Roads, public safety, public health, and elections

In Texas, counties are both administrative arms of the state government and locally elected governmental bodies.

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Structure of the County Government County Commissioners Court

The legislative body of a county in Texas County commissioners serve on this court.

County judge Elected official who is the chief administrative

officer of county government, serves as the commissioners court, and may also have some judicial functions

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Structure of the County Government District attorney (DA)

Elected official who prosecutes criminal cases Also called a criminal district attorney

County attorney Elected official serving as the legal officer for

county government and also as a criminal prosecutor

Sheriff Serves as the chief law enforcement officer in

the county

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Structure of the County Government County clerk

Elected official who serves as the clerk for the commissioners court and for county records

District clerk Elected official who is responsible for keeping the records for

the district court County tax assessor – collector

Elected official who collects taxes for the county (and perhaps other local governments)

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Structure of the County Government County treasurer

Elected official who serves as the money manager for county government

County auditor Official appointed by a district judge to

audit county finances

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Authority of County Governments Local Government Code

The Texas statutory code containing state laws about local governments

Texas governments do not have general ordinance-making authority This is the legal right to adopt ordinances

covering a wide array of subject areas, authority that cities have but counties do not

Elgin Bank v. Travis County (1999) Elections

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Finances of County Governments Historically counties have relied on

property taxes. In recent years, counties have

increased their reliance on fee revenues. Motor vehicle registration fees are pass-

through fees – they go back to the state. Other fees are left to the counties such

as jury fees, breath-testing fees – many exist in the area of criminal justice.

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Cities

Texas has 1,196 cities. Houston, the largest, has 2 million

citizens. 300 are home-rule cities. Others are general-law cities.

Cities with fewer than 5,000 residents, are governed by a general state law rather than by a locally adopted charter.

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Forms of City Governments

Four general types of home-rule cities to choose from: Weak mayor-council Strong mayor-council Council-manager City commissioner

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Organizational Chart: City of Waller (General Law)

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Organizational Chart: City of White Oak (Weak Mayor)

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Organizational Chart: Houston (Strong Mayor)

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Organizational Chart: City of Austin (Council-Manager)

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Authority and Functions of City Government Cities have authority to provide services

directly to citizens Sometimes through franchises to private

companies

Have broad regulatory authority in areas of zoning, buildings, signs, nuisances, and subdivision development

Texas Municipal League Professional organization and lobbying arm for

city government

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Finances of City Government

Cities raise revenues from several sources Municipal sales tax, property taxes,

occupation taxes, fees, state and federal revenues,and borrowing (bond sales)

Use both capital budgeting and operating budgeting as tools for long range planning and management of debt and revenue

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Municipal Annexation Annexation

Enlargement of a city’s corporate limits by incorporating surrounding territory into the city

Extraterritorial jurisdiction (ET) The area outside a city’s boundaries over

which the city may exercise limited control Under the Municipal Annexation Act, a city

may expand its municipal boundaries by an area up to 10 percent of its geographic area in any one year.

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Municipal Annexation In order to annex, a city must take the following steps:

(1999 amendments) Develop a three-year plan for annexation, and not

annex the targeted area during that three-year period.

Make an inventory of the current services in the area. Provide to the annexed area all services currently

provided in its full-purpose boundaries no later than two and one-half years after annexation.

Require negotiations and arbitration regarding services.

Conduct at least two public hearings. Not reduce level of services in the area from what

they were before annexation.

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Politics and Representation in City Governments City council elections tend to be “at-large”

or “at-large-by-place” An election system in which all positions on the

council or governing body are filled by city-wide, elections, with each position designated as a seat, and candidates must choose which place to run for

Single-member districts weakened business monopoly over municipal politics in Texas

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Politics and Representation in City Governments

Cumulative voting A method of voting in which voters have

a number of votes equal to the number of seats being filled, and voters may cast their votes all for one candidate or split them among candidates in various combinations.

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Politics and Representation in City Governments

Proportional representation A voting system that apportions

legislative seats according to the percentage of the vote won by a particular political party.

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Special Districts Water Districts School Districts

Charter school: Public school sanctioned by a specific agreement that allows the program to operate outside the usual rules and regulations.

School finance is a controversial issue in Texas. 1993 school-finance reform recaptures and

redistributes school tax revenues by limiting school district revenues, capping tax rates in districts, and adjusting the state aid formula to guarantee a specified yield per tax effort for districts.

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Special Districts in Texas