Local Government

Local Government Ch. 14 Maxwell & Crain PPT by Teresa Nevárez

Local Government • In Texas, political parties do not nominate candidates below the county level • Municipal and special district elections are nonpartisan • Voter turnout tends to be low Municipalities • All local governments are bound by federal and state laws • Municipalities, counties and special districts are creatures of the state and have only as much power as the Texas constitution and legislature grant them

General Law & Home Rule Cities General Law Cities • An incorporated community with a population of 5,000 or less • It is limited in the subject matter upon which it may legislate Home Rule Cities • A city with a population over 5,000 may choose by majority vote to become a home rule city • It can adopt its own charter • It can choose the structure it deems fit • The Texas constitution allows home rule cities whose population has dropped to 5,000 or less to retain its home rule designation • Home rule cities are more flexible than general law cities

General Law & Home Rule Cities • In Texas, 75% of cities are general law cities • Over 5,000 unincorporated communities have no municipal government Direct Democracy at the Municipal Level • Home rule allows local voters to directly participate through initiative, referendum, and recall • In an initiative, after the people obtain a designated percentage of signatures of registered voters, they can force city council to place a proposed ordinance on the ballot • In a referendum, city council places an item on a ballot and asks voters to determine if a law goes into effect

General Law & Home Rule Cities Direct Democracy at the Municipal Level (cont.) • Through a recall election, voters can, by petition force council to hold an election to remove the mayor or a member of the council Forms of Government • Council Manager System: • An elected city council makes laws • City council hires a professional administrator • Administrator is responsible for executing council policies • Administrator is responsible for managing the city • Administrator serves at the pleasure of the council • Power of city manager is delineated by the city charter

General Law & Home Rule Cities Three Forms of Government • Council Manager System: (cont.) • Mayor may be selected by city council from among its member or • Mayor may be independently elected by the voters • Mayor has mostly the same legislative authority as members of the council • This type of government provides an efficient and businesslike management

General Law & Home Rule Cities Three Forms of Government (cont.) • Mayor Council System: • Strong mayor form of government: • Mayor is elected at large • He is chief executive and legislative leader • He makes appointments, prepares the budget, manages the city, sets the council agenda and proposes policy • Houston has this form of government • Weak mayor form of government: • Power is decentralized • This form of government is usually found in small cities • It is not very common in Texas

General Law and Home Rule Cities • Three Forms of Government (cont.) • Commission System: • Voters elect one set of officials • These officials act as executives and legislators • Coordination is difficult • The check-and-balance system is impaired • Municipal Election Systems • At large elections are city wide elections • In a pure at-large election voters elect all the members of city council • The winning candidates are those who receive the most votes

General Law and Home Rule Cities Municipal Elections Systems (cont.) • Single member districts • City council member are elected by districts • Texas cities usually resisted single-member districts • More minorities are elected in single member districts • Cumulative Voting • Members of city councils are elected in at large elections • The number of votes a voter can cast corresponds to the number of seats on the council • More than 50 local jurisdictions in Texas have adopted this system • Most of them school districts

General Law and Home Rule Cities Revenue Sources & Limitations • Municipal Budgets • Sources of income: • Sales taxes • Property taxes • Voters in non-school district jurisdictions may petition for a rollback election to limit an increase in the property tax rate • User fees • Public debt Population Growth • Changes in population growth produce new demands on city services

General Law & Home Rule Cities Economic Development: • Cities may adopt either a 4A or 4B designation • Sales tax revenue based on 4A is used for projects related to industry and manufacturing and can be tied to decrease in property tax rate • 4B designation allows cities to use revenue for a wider range of projects Government Mandates: • Most cities in the nation have seen a decline in federal and state dollars while experiencing an increase in mandates imposed by both governments

General Law & Home Rule Cities • Annexation is one of the most important home rule prerogatives • Extraterritorial jurisdiction (ETJ) allows cities to extend their jurisdiction an extra ½ mile to 5 miles, depending on the city’s population • Only 9% of cities have term limits for their chief elected officials or the city council

Counties • Texas has 254 counties • The county government is far less flexible than municipal government • 37 states allow counties home rule authority • Texas counties do not have home rule • Texas law allows only modest variations to accommodate differences among its counties Functions of Counties • Administer county, state and national elections • Secure rights of way for highways, law enforcement, registering births, deaths, & marriages, register motor vehicles, recod land titles and collect some state taxes & fees

Counties • Structure & Organization of Counties • The county governing body is the commissioners court • The commissioners court does not have direct control over the many elected department heads • The county judge is elected for 4 year terms • Elected in county at large elections • County judge presides over the commissioners court • There are 4 commissioners that are elected for 4 year terms • They are elected in single member precincts • They are responsible for the construction & maintenance of roads and bridges

Counties • The sheriff is responsible for enforcing state law throughout the county • The sheriff is elected for 4 year terms • The sheriff’s department operates the county jail and delivers and executes court papers • Constables are general law enforcement officers • They are elected for 4 year terms • Tax assessor collector collects county and state taxes and fees • County treasurer is responsible for receiving, depositing and disbursing funds • County auditor reviews all county financial records & supervises expenditures

Counties • County clerk is the chief record keeper and election officer • District clerk assumes the county clerk’s role as record keeper for the district courts in counties with a population over 8,000 • County attorney prosecutes all criminal cases and advises county officials on legal matters Issues & Trends • The constitution is very rigid and inflexible with counties • Long ballots are the result of many county officials being elected independently • The unit road system places in the hands of a professional engineer the day to day responsibility for roads

Counties • Texas counties with a population of 200,000 or more may establish a civil service for county employees • Counties with over 500,000 population may establish a civil service system for the sheriff’s office • Many suggests that cities and counties should be consolidated to improve services and to avoid duplication of government activities Special Districts • They are local governments that provide single or closely related services that are not provided by counties or cities • They receive minimal supervision

Special Districts (cont.) Some examples: • Airport authorities, drainage districts, hospital authorities, municipal utility districts, library districts, navigation districts, metropolitan transit authorities, river authorities, rural fire prevention districts, noxious weed control districts, etc. • Special districts should not be confused with dependent agencies • Special districts bypass limitations placed on city and county governments • Special district residents are forced to pay higher interest rates

Local Government