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