Chapter 13 Local Government In Texas Local Government in Texas • Local officials should be easily accountable to the public. • Conditioned upon public and media attention – More time cost to follow local news and politics • Easier to keep informed of higher offices – High volume of national media coverage in virtually all outlets, including local news 1 Local Government in Texas • Texas has more than 4,835 local governments. – That is *a lot* of government for a state so much associated with limited and small government. • • • • 254 county units 1,209 municipal (cities) units 1,082 school districts 2,291 special districts – Ex.: water, utility, community college, hospital County Government in Texas • More authority in sparsely populated areas • Administer state laws (do little legislation) • Historical origins, began as “municipalities” – 1835, 23 municipalities – 1836, Republic of Texas changes name to “counties” – 1921, there were 254 counties (same as today) 2 County Government in Texas • County commissioners court – Main governing unit of the county – Sets budget and county tax rate • County may not legislate much, but tax rates certainly impact local residents, business, and industry • Composition – One county judge – Four county commissioners The County Commissioners Court 3 County Government in Texas • County judge – Elected countywide – Four-year terms, no limits – In rural counties, may also serve as actual judge – Most cases is administrator for the county • County commissioners – Elected by geographic districts • Each one-quarter of county – Four-year terms, no limits County Government in Texas • County government responsibilities – Maintain roads, bridges, and county jails – Cover some health care costs for indigent – Large counties maintain public facilities • Libraries, parks, or public hospitals • Assist with natural disaster logistics and costs • Administer all elections in the county – No matter the offices on the ballot, counties are responsible for election administration 4 County Government in Texas • County government responsibilities, staff, and resources vary dramatically – Reflect population and land size differences • Compare – Loving County: pop. 94; size 681 sq. mi. – Harris County: pop. 4.2 million; size 1778 sq. mi. • Medium and small counties vulnerable – Natural disasters, costly trials can exhaust budget Functions of County Government • Five main functions of county government 1. 2. 3. 4. 5. Road and bridge construction and maintenance Law enforcement Dispute resolution Record keeping Social services 5 Functions of County Government • Law enforcement – Sheriff: chief county law enforcement officer – Provide deputies for courthouses – Maintain county jails • County and district courts – Attorneys for county and district • DAs typically handle the more serious crimes. • County prosecutors take less serious cases. • In smaller counties, duties are not split in that fashion. The Functions of County Government In rural parts of Texas, county courts are where civil and criminal cases are heard. This photo shows the Jasper County Courthouse during the capital murder case of the men accused of the 1998 dragging death of James Byrd Jr. 6 Functions of County Government • County clerks keep records. – Vital stats for county (births, deaths, marriages) – Issue licenses (driving, marriage) – Maintain court records – Record property transactions • Dispute resolution – Justice of the peace, county and district courts resolve civil disputes Functions of County Government • Counties may provide a range of services. – Some of them are a matter of administering federal- and state-funded programs • • • • • Nutrition and housing assistance Health care (including mental health) Public health monitoring and records Public parks Fire and sanitation 7 Are Some Counties Too Small? • There is no uniformity of state and county laws because there is great variation among Texas counties and the times in which their laws were passed. • Texas has 160 counties with populations under 30,000. • Of those, 137 have fewer than 20,000 citizens. • Small counties are significantly less likely to send criminals to death row (in large part because of the expense of trying capital cases). Municipal (City) Government in Texas • • • • • • • • 1,209 municipalities in Texas Municipalities are state creations. – The state can create, merge, or disband them. Towns with >5,000 residents may apply for “home-rule” status. – City charter recognized by the state 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. Alternatively, towns may follow the basic rules set out by the state for all municipalities. Texas Municipal League - Professional organization and lobbying arm for 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 8 Municipal Governments The Largest Home-Rule Cities 9 Forms of City Governments • Four general types of home-rule cities to choose from: – Weak mayor-council – Strong mayor-council – Council-manager – City commissioner Forms of City Government in Texas • Mayor-council form of city government – City has a mayor and city council – Mayor is elected from city at-large – Council either at-large or single-member districts – Council acts as city legislature • Strong v. weak mayor differences – Personnel: can hire and fire department heads – Budget authority – Degree of power shared with city manager 10 Forms of City Government in Texas • Council-manager government – Most common in Texas • 250 of 291 home-rule cities in the state – City council may select a mayor, or mayor elected – Council hires a city manager to run the city – Manager does not campaign or run for office • Applies for and holds executive public position much like public school superintendents, who are hired by local school boards Forms of City Government in Texas • • The commissioner form of government was developed as a response to the devastating hurricane that hit Galveston in 1900. City is run by a small group of elected commissioners who act in both legislative and executive capacities. Its five to seven members are elected at large. 11 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 City Government Elections • • • • 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 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. Proportional representation (Not in Texas) – A voting system that apportions legislative seats according to the percentage of the vote won by a particular political party. 12 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. 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 onehalf 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. 13 Special Districts • Local government that performs a single service within a limited geographical area Special Districts School Districts • Independent School Districts – School board of trustees • Adopts a budget and sets the tax rate • Hires superintendent – Most districts, superintendent hires district personnel – Smallest districts, board may take on those duties • Selects textbooks • Sets school calendar • Charter school - Public school sanctioned by a specific agreement that allows the program to operate outside the usual rules and regulations. 14 Special Districts Nonschool Districts • Municipal utility districts (MUDs) – Provide services to certain areas outside of cities • • • • Flood control districts Community college districts Hospital districts Water districts Councils of Government • Councils of governments (COGs) – Regional planning boards that try to coordinate efforts of local governments – Comprised mostly of elected officials • May include other community members – Deal with issues relevant to several local governments • Make sense in large areas where there are many layers of local government and coordination may be useful 15 WHO ARE TEXANS? Who Represents Texas at the Local Level? WHO ARE TEXANS? Who Represents Texas at the Local Level? 16 Countywide and Precinct-Level Elected Officials 17
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