Local Governments

Chapter 7

Roots of Local Government

Municipalities and Counties created when Texas was a part of Spain and Mexico.

Under the Republic, counties (36) and municipalities (53) were created.

After 1845, additional counties were created. 1876 Constitution continued county governments,

adding more offices and number of counties until 1931, when Loving County became the 254th county.

Home rule for Texas cities came with a constitutional amendment in 1912.

Counties

Administrative units of the state Collect taxes Keep records Conduct trials Conduct elections

General purpose government Provide public safety Public works Parks, libraries, etc.

Government Structure Commissioners Court

County judge and 4 commissioners Adopts the budget and sets the tax rate Legislative body for county

County Judge Presides over commissioners court Performs executive functions

Sheriff Law enforcement County Jail

Government Structure Tax Assessor-Collector

Collects taxes Automobile registration

County clerk Records of the county: births, deaths, marriages,

divorces, transfers of property Elections

District clerk records of state district courts

Government Structure County Treasurer

County’s banker and pays bills Records of revenues and expenditures

County Auditor Counties with population greater than 35,000 Same functions as treasurer Chief budget officer and finance officer Audits county financial records Approves accounting system Checks monetary claims against county

County Finances: Taxing and Spending

Revenues Property tax Sales tax Bonds: general obligation and revenue Fees: automobile registration

Expenditures Law enforcement Roads and bridges Services: parks, libraries, etc.

Criticisms of County Government

Structure inflexible Plural executive inefficient No home-rule authority Patronage hiring Roads and bridges responsibility of county

commissioner in his/her precinct

Types of Cities

General law cities Operates under the state’s general laws: can only

do what the state allows Fewer than 5,000 residents Property tax rate limited to $1.50/$100 assessed

valuation Sunset Valley

Types of cities

Home-rule city Creates its own charter: can do anything unless

prohibited by the state More than 5,000 residents Property tax limited to $2.50/$100 assessed

valuation Austin

Forms of City Government

Mayor-Council Most common for general law cities Mayor is chief executive; council is the law-

making body Strong Mayor-Council

Mayor is sole executive authority Weak Mayor-Council

Mayor shares executive powers

Mayor Council Government (strong)

Mayor Council Government (weak)

Forms of City Government

Council-Manager Most common in home-rule cities Council is the law-making body Mayor is member of Council but has no executive

authority Manager is the executive authority; hired by the

council; hires and fires department heads; prepares budget

Reform during the Progressive Movement

Council Manager Government

Forms of City Government

Commission Council is the law-making body Mayor is member of Council but has no executive

authority Each council member has authority over a

specific function of city government, e.g. police department, fire department, etc.

Originated in Galveston, Texas after the hurricane of 1900 destroyed the city.

No examples in Texas presently

Forms of City Government

Citizen Advisory Boards Advise council in various areas Temporary or permanent

Planning and Zoning Commissions Recommendations on changes to zoning and

subdivisions ordinances and exceptions to subdivision ordinance

Boards of Adjustment Grant exceptions (variations) to the zoning

ordinance

Types of Council Elections

At-large elections Voters cast number of votes equal to number of

council members being elected. Top vote getters win council seats

At-large-by-place elections Council divided into numerically designated

places. Candidates file for a place. Voters choose candidates in all places being contested. Majority of votes necessary to win. Runoff if no candidate receives a majority.

Types of Council Elections

Single-member districts (wards) City is divided into geographic zones that are

equal in population, compact, and do not dilute minority voting strength.

Voters choose only council member in their geographic zone.

Mixed system Some council members elected at-large, and

other council members elected from single-member districts.

Austin Single-member Districts

Austin Single-member Districts

Austin Single-member Districts

Advantages and Disadvantages of Methods of

Election At-large elections Council members act in interest of city as a whole Minorities may not be represented fairly Works well in small, homogeneous cities

Single-member and mixed systems Council members have more parochial outlook Minorities more likely to be fairly represented Works in large, heterogeneous cities

Alternative Election Systems

Proportional Representation Council elected based on proportion of vote for

political parties Cumulative Voting

Like at-large systems EXCEPT voters can allocate their votes as they wish.

For example, if four council seats were being contested, each voter would get four votes. A voter could distribute the four votes as s/he wished: all four to one candidate, three to one candidate and one to another candidate, etc.

City Ordinances

Laws passed by city to provide services and regulate activities in the city’s corporate limits

Most important are zoning and subdivision ordinances Zoning ordinances involve height restrictions, use

restrictions, and density restrictions. Subdivision ordinances provide restrictions for an

entire area

Growth of Cities

Annexation Process by which city increases its size Typically, a city annexes for several reasons:

provide services, increase tax base, extend its regulations

City council usually makes the decision on whether to annex an area

Area annexed is usually an unincorporated area

Growth of Cities Limits on annexation

Annex up to 10 percent of its area per year with maximum of 30 percent in any one year.

Annexation plan (100+ tracts residential) three years prior to annexation. Annexation occurs within 31 days of the 3-year anniversary. If not, must wait five years.

Annexed area contiguous to current city limits. Municipal services within 2 ½ years Land use grandfathered Strip annexation: 1000 feet swath 3.5 miles long

Growth of Cities Limits on annexation (continued)

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.

Extraterritorial Jurisdiction

Area immediately surrounding a city Extent of ETJ determined by the city’s

population: ½ mile to 5 miles Area within a city’s ETJ cannot incorporate

without the city’s consent Some regulations possible in a city’s ETJ, but

not zoning ordinances

Municipal Finances: Taxes and Spending

Revenues Property tax Sales tax Issues bonds: general obligation or revenue

Expenditures Police and fire protection Public works: water, wastewater, streets, signs,

traffic control Parks, libraries, health facilities, etc.

Join the Debate: Red-Light Cameras

Arguments for Red-light Cameras Reduction in traffic fatalities Law enforcement can focus on real problems Constitutional method of traffic code enforcement

Arguments against Red-light Cameras Violate constitutional rights Generate money but don’t improve safety Other methods are more efficient

Special Districts

Single purpose government Formed by state legislature, state boards or

commissions, constitutional amendments, county commissioners court, city councils

Formed because general purpose governments can’t or won’t act

Funded by tax and fees

Types of Special Districts Educations districts

Independent School Districts (ISDs) Community College Districts

Water Districts Municipal Utility Districts (MUDs) Hospital Districts Rapid Transit Authorities

Types of Special Districts

Type of District # Active

Water & Wastewater 1373

Econ & Com Dev 96

Health & Safety 480

Agriculture 0

Transportation 29

ISDs 1227

Community Colleges 50

Total 3255

Problems with Special Districts Ease of creation

Developers create MUD MUD issue bonds Homeowners pay through cost of home or

property tax and through fees for services Obscurity to Public

People may not realize they’re in a special district Districts operate with little regulation

Alternatives to Special Districts

Metrogovernments Regional government combining county and city

services Offers economy of scale Problems of eliminating positions and how to

integrate local governments Intergovernmental contracting

Government contracting with another government to provide service

Alternatives to Special Districts

Privatization Turning over government functions to private

companies Controversial issue – police protection to security

firms, deed restrictions in subdivisions, homeowners associations

Councils of Government

Planning and Coordinating organizations for other governments

No authority over members – similar to a confederation

24 COGs in Texas Provide technical and managerial assistance,

process applications for federal grants, and run state and federal programs for the region

Local Governments and Democracy

Many opportunities for citizen participation Low voter turnout in local elections Ignorance of local government, especially

special districts Local governments affect people’s lives

directly