Texas Government 2306 - Chapter 11 - Local and County Governments and Special Districts in Texas

Local Government

Any level of government below the state level, including three levels: Municipal (city, county, and special district.

Municipal Government

Applies to cities, towns, and villages that are recognized by the legislature as being governmental entities.

General Law

A highly restrictive, and the most fundamental type of, legal status for municipal government. Provides only the most basic services. Usually reserved for smaller cities.

Home Rule

A legal status that gives municipalities more autonomy in establishing tax rates and providing services, it must be approved by a majority of the voters in cities with 5000 or more people.

To achieve this status, the city's charter must be approved by the Texas legislature.

Forms of Municipal Government

Mayor-Council, Council-Manager, and Commssion

Mayor-Council

A simple form of government in which most day-to-day executive operations are carried out by either the mayor or by a city council. Common in less populated and rural cities.

Weak Mayor System

A variation of the mayor-council form in which the mayor has limited policy implementation and no veto powers, can't establish policy without consent of the city council, can't appoint or remove dept. heads.

Strong Mayor Cities

The mayor is often empowered to veto policies and ordinances passed by the council and to hire and fire personnel as he or she deems appropriate. Houston is an example of a city like this.

Council Manager

Voters elect a city council and mayor, who in turn hire a city manager to carry out the council's policies, allowing for both professional management and local political control.

City Manager

Professional political appointee who oversees city operations on a day-to-day basis. Used by most medium and larger cities in Texas and throughout the U.S. There's very little waste: optimum level of service and lower taxes.

Limited Power

Because mayors have this, they must rely on the force of their personalities to have an impact.

Duties of City Manager

• Enforce all city ordinances, rules, and regulations.

• Supervise all municipal employees and programs.

• Prepare and execute the city's annual budget pursuant to the revenue and expenditure plans adopted by the council.

• Manage the city's funds and prepare periodic reports that advise the council and the general public of the city's fiscal condition.

• Provide information to the council to facilitate its ability to make informed decisions in the best interests of the city.

• Prepare council meeting agendas and attend all such meetings to serve as a resource to the council and the public

• Draw the council's attention to city needs and recommend alternatives by which the council can respond to those needs.

Commission

a group of elected commissioners run the city's government, each overseeing a specific component of operations

Nonpartisan

The political party affiliation of the candidates is not identified during the campaign or on the ballot. All municipal election in Texas are this.

At-large system

A city-wide method of electing representatives where there are no districts or wards drawn, and the candidate may draw voted from the entire area to be governed. Works best in small towns.

Place system

A system of electing local government leaders whereby the candidates must campaign for a particular seat on the city council.

Best used in medium-sized, more homogenous cities.

Benefits political newcomers.

Single-member district

specific geographic area with a population equal to that of other districts that elects one person to represent that area.

Promotes diversity in ethnic and minority representation on the city council in larger cities.

Coalitions

Alliances that successful candidates attempt to form that consist of a variety of individuals and groups in support of a particular candidate for elected office.

Effects of group participation

Decisions that most affect the lives of citizens are made at the local level. Such groups include ethnic groups, neighborhood associations, chambers of commerce, civic organizations, coalitions formed by these groups.

Ad Valorem

a system of taxation that is assessed "according to value," whereby the more a property is worth, the higher the tax to be paid on it

The majority of Texas municipalities rely most heavily on property taxes to fund the services they provide

Other Revenue from Texas Municipalities

- Sales Tax from the state

- Franchise tax from utility companies

- User fees, money paid to local govts. by citizens who utilize a particular money service

- Special taxes to fund or supplement specific projects

Public Safety

Where the bulking of spending goes

Capital Improvements

Long-term infrastructure improvements, such as roads, that are often built with bond money.

General Obligation Bonds

Bonds issued by a local government for the purpose of making capital improvements and, like a mortgage, are paid off in small, yearly payments.

Revenue Bonds

Issued by local governments for the purpose of capital improvements and repaid by revenue generated by the improvement; examples include sports arenas and public facilities for which there is an admission charge.

Eminent Domain

power used to reclaim private property in the name of the government if needed for the greater public good.

Budgeting

Requires extensive research and planning, as cities strive to maintain the lowest tax rates possible while maintaining the highest level of service.

Abatements

financial incentives offered by municipalities in order to attract business and commerce.

Administrative arms of state government

what the Texas constitution called counties

County-run duties

Distributing license plates, state law violation prosecution, state health service administration

Structure of County Government

Counties are considered "local governments" because county officials are elected locally within the county they serve.

Compared to cities, counties are relatively weak in terms of autonomy because they do not have home rule charters and cannot adopt ordinances.

Each county has specific needs according to size, location, population density, and other factors.

County Commissioner's court

Each county, regardless of size, is governed by a five-member one of these. Composed of four commissioners and presided over by a county judge.

County Official election process

Elected in partisan elections, serve 4 year terms.

The county is divided into four precincts of equal population, with each electing its own commissioner.

The county judge is elected at large

county elected officials

• Counties allow voters to decide whom to elect to positions such as police chiefs, finance officers, and clerks to perform specialized tasks

• All elected county officials are elected to four-year terms in partisan elections

• County officials answer to the voters and not the mayor, council, or city manager

Major duties of the Commissioners court

• Set tax rate and adopt county budget.• Appoint county officials authorized under statutory law and hire personnel.

• Fill county elective offices and appointive vacancies.

• Administer elections, including establishment of voting precincts, the appointment of an election administrator and precinct judges, the calling of county bond elections, and the certification of election returns.

• Enter contracts and authorize payment of all county bills.

• Build and maintain county roads and bridges.

• Build, maintain, and improve county facilities, including jails.

• Provide for libraries, hospitals, and medical care for the indigent.

• Provide for emergency relief and civil disaster assistance.

• Provide for fire protection and sanitation.

Sheriff

A Texas peace officer and a conservator of the state, this official's primary responsibilities are to provide law enforcement services to areas of the county not served by a police department and to oversee the county jail

Constable

Requiring the same training as any sheriff's deputy, municipal police officer, or state trooper, this official's primary duties are to work with the justice of the peace courts, serving subpoenas and notices, carrying out evictions, and performing other civil and criminal justice tasks

District or County Attorney

The county's legal officer and advisor. Provides legal services for county agencies and officials; provides representation in lawsuits against the county; and on the commissioners court's recommendation, may initiate lawsuits. Determines whether an individual will be held accountable for committing a crime.

District Clerk

Official custodian of county records. Is registrar, recorder, and custodian of all documents that are part of criminal, juvenile, family court, and civil actions

County Clerk

Responsible for maintaining the county's legal records and vital statistics, such as birth and death certificates, marriage licenses, and real estate transactions

tax assessor-collector

Responsible for identifying taxable property and collecting taxes that are due to the state and county

Collects registration renewal fees and issues titles for motor vehicles.

Treasurer

County's official bookkeeper, responsible for tracking all collections and expenditures and has considerable input in formulating the county's budget.

Criticisms of County Government

-The long ballot

-No Home rule

-Inability to pass ordinance

The major stumbling block on the path to reform is the Texas constitution, prohibiting counties from establishing home rule charters and ordinances and mandating a plural executive system

Special District

A type of local government established for a specific geographic area and for a specific purpose such as education, flood control, or public utility service.

Nature of special districts

Makes up the fastest-growing form of government in the nation today, especially in Texas.

Over 4,000 special districts, more than the number of cities and counties combined.

Most transcend city and county political boundaries and serve larger regions of the state

Two kinds: Education and non-education

Independent School District

(ISD) local-level limited-purpose government that determines public school policy.

Governed by a school board, four to nine members chosen in nonpartisan elections.

Most funding comes from local property taxes

Superintendent

A professional manager hired by the school board. Establishes a school calendar; sets teacher salaries, qualifications, and standards; oversees the construction and maintenance of buildings, vehicles, and other equipment; establishes the property tax rate; and selects textbooks

Non-Education Districts

Hundreds of special districts deliver services such as water and utilities, public housing, hospitals, public transportation, flood control, noxious weed control, and wind erosion.

Most funding comes from property taxes.

Council of Government

(COG) A regional voluntary cooperative with no regulatory or enforcement powers, it consists of local governments and assesses the needs of the area as a whole.

24 COGs in Texas facilitate government services and prevent duplication of research and work.

No taxing power, and cannot pass laws, rules ordinances, or sanctions.

Functions of Councils of Governments

• planning and implementing regional homeland security strategies;

• providing training for all city officials, including managers and council members;

• operating law enforcement training academies;

• promoting regional municipal solid waste and environmental quality planning;

• providing cooperative purchasing options for governments;

• managing region-wide services to the elderly;

• maintaining and improving regional 9-1-1 systems;

• promoting regional economic development;

• operating specialized transit systems; and

• providing management services for member governments.