Chapter Twenty-Five: Local Government

1. Chapter Twenty-Five: Local Government

2. Questions to Consider • How can voters exert direct influence over municipal governments? • What revenue sources can Texas cities use to meet their budget needs and obligations? • What is the nature of intergovernmental relations at the local level?

3. Chapter Contents • Municipalities • Counties • Special Districts • Councils of Governments

4. Learning Objectives • Identify the different types of municipal incorporations in Texas and describe the unique features of their operations. • Describe the organizational structure and unique functions of Texas counties.

5. Learning Objectives (Cont’d) • Describe and differentiate features and functions of special districts and dependent agencies. • Explain the structure, nature, and functions of Councils of Government in Texas.

6. What If...Texas Cities Appointed Students to City Councils? • Many states have student representation on higher education boards. • City councils throughout the nation appoint high school students to youth commissions. • Texas cities could make student input more meaningful if they added a student seat to their city councils.

7. What If...Texas Cities Appointed Students to City Councils? (Cont’d) • The student would gain a look at the workings of city government. • Mayors and councils would have the benefit of a student’s perspective. • It would give the student a service learning opportunity.

8. What If...Texas Cities Appointed Students To City Councils? (Cont’d) • Appointing a student to the city council would strengthen the student voice in the community and benefit students, city hall, and society as a whole.

9. For Critical Analysis • What qualifications should a student have in order to be appointed to a city council? • If the youth commission and the student appointed to serve on the city council disagree on a proposed ordinance, which perspective should the city council weigh more heavily?

10. Local Government • General-purpose governments • Municipal government • County government • Special Districts

11. Local Government Table 28–1 Local Governments and Public School Systems, United States and Texas, 2007 Source: U.S. Census Bureau, 2007 Census of Governments, www.census.gov/govs/cog/GovOrgTab03ss.html

12. Municipalities • Cities affect our day-to-day lives • Hire police and firefighters • Enforce building and safety codes • Maintain recycling programs • Launch antigraffiti programs • And do much more

13. Municipalities (Cont’d) Table 28–3 Some Recent Laws Seen as Protecting Dallas Residents from Themselves Source: Adapted from Dallas Morning News research, from ‘can-do ‘ to ‘can’t do’ in “Some Recent Law Seen as Protecting Dallas Residents from Themselves,” accessed March 28, 2008, at http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/032908dnmetnannycity.375774a.html.

14. Municipalities (Cont’d) Table 28–3: Some Recent Laws Seen as Protecting Dallas Residents from Themselves Source: adapted from Dallas Morning News research, from ‘can-do’ to ‘can’t do’ in “Some Recent Laws Seen as Protecting Dallas Residents from Themselves,” accessed March 28, 2008, at www.dallasnews.com/sharedcontent/dws/news/dmn/stories/032908dnmetnannycity.375774a.html

15. Municipalities (Cont’d)

16. Municipalities (Cont’d) • Municipalities have only as much power as the Texas Constitution and Texas legislature grant them. • Texas has seen a marked increase in the number of municipalities in the state since the 1950s.

17. Municipalities (Cont’d) Table 28–2 Municipal Governments in Texas, 1952–2007 Source: U.S. Census Bureau

18. General-Law and Home-Rule Cities General-Law • A general-law city is an incorporated community with a population of 5,000 or less. • General-law cities are limited in the subject matter on which they may legislate. • 75% of cities in Texas

19. General-Law and Home-Rule Cities (Cont’d) Home-Rule Cities • A city with a population of more than 5,000 may vote to become a home-rule city. • Can adopt its own charter • Structure its local government as it sees fit • Home rule permits local voters to impose their will directly on the city government.

20. Forms of Municipal Government • Council-manager system • Mayor-council system • Commission system

21. The Council-Manager System Figure 28–2: Common Forms of Municipal Government *Texas Attorney General Opinion No. GA–0175 (2004).

22. The Council-Manager System (Cont’d) • An elected city council makes laws. • It hires a professional manager. • Manages the day-to-day operations • The mayor is either selected by the council from among its members or independently elected by the voters. • Mayor presides over council meetings. • Mayor has important ceremonial powers.

23. The Mayor-Council System—Strong Mayor • Mayor is chosen in a citywide election. • The mayor is both the chief executive and the leader of the city council. • Makes appointments • Prepares the budget • Manages city government • Often may veto council actions • Many cities restrict the mayor’s power.

24. The Mayor-Council System—Weak Mayor • The mayor and council share administrative duties. • This type of government is not common in Texas.

25. The Commission System • The elected commissioners are the municipal legislature. • Each commissioner administers a city department. • Power in the city bureaucracy is fragmented. • Largely replaced by the city manager option

26. Municipal Elections Systems • At-large elections are citywide elections. • All voters elect all members of the city council. • With at-large place system, each candidate runs for a specific seat on the council. • Elected by a majority of votes cast citywide

27. Municipal Elections Systems (Cont’d) • With single-member districts, each council member is elected from a particular district by the voters who live in that district.

28. At-Large Systems Versus District Systems • Supporters of at-large elections say council members must take a citywide view of problems. • Critics of at-large elections maintain that the interests of racial, ethnic, and ideological minorities are not represented.

29. Single-Member Districts and Minorities • Legal action has forced many large cities to abandon at-large elections. • In 2007, there were 2,127 locally elected Latino officials in the state. • Texas ranks first.

30. Single-Member Districts and Minorities (Cont’d) • In 2001, there were 5,452 African American county and municipal elected officials in the nation. • 302 were elected in Texas

31. Another Alternative: Cumulative Voting • City council members are elected in at-large elections. • The number of votes a voter can cast corresponds to the number of seats on the council. • The voter can cast more than one vote for a particular candidate.

32. Revenue Sources and Limitations • The Sales Tax • 1 % municipal sales tax • Highly dependent on the state of the economy • Property Taxes • Used by cities, school districts, and counties • Dependent on property values

33. Revenue Sources and Limitations (Cont’d) • User fees are charged for services received. • Approximately 20% of municipal revenue • Local governments use bond issues to fund infrastructure projects. • Must be approved by the voters

34. Revenue Sources and Limitations (Cont’d) Table 28–4 Property Taxes Levied by Texas Local Governments in 2008 (in Billions of Dollars) Source: Texas Comptroller of Public Accounts, Property Tax Assistance Division

35. Limits on Property Taxes • Some cities have capped tax rates. • Property taxes can be frozen for elderly people. • Voters may petition for a rollback election. • For school districts, an election is automatic if the increase exceeds $0.06.

36. Trends and Issues Population Trends • A community’s size and growth rate can impact on public-policy decisions. • A city may see internal population shift. • Demographic changes and income affect cities.

37. Trends and Issues (Cont’d) Table 28–5 2009 Population Estimates and 2000 Census for the 15 Largest Counties in Texas Source: U.S. Census Bureau, Population Estimates Program. See http://factfinder.census.gov/servlet/GCTTable?_bm=y&-geo_id=04000US48&-_box_head_nbr=GCT-T1-R&-ds_name=PEP_2009_EST&-_lang=en&-redoLog=false&-mt_name=PEP_2009_EST_GCTT1R_ST2S&-format=ST-2S&-_sse=on and www.census.gov/popest/cities/SUB-EST2009.html

38. Trends and Issues (Cont’d) Table 28–5 2009 Population Estimates and 2000 Census for the 15 Largest Cities in Texas Source: U.S. Census Bureau, Population Estimates Program. See http://factfinder.census.gov/servlet/GCTTable?_bm=y&-geo_id=04000US48&-_box_head_nbr=GCT-T1-R&-ds_name=PEP_2009_EST&-_lang=en&-redoLog=false&-mt_name=PEP_2009_EST_GCTT1R_ST2S&-format=ST-2S&-_sse=on and www.census.gov/popest/cities/SUB-EST2009.html

39. Economic Development • Texas cities can adopt a sales tax for economic development projects. • Voters must approve tax increase.

40. Government Mandates • Texas cities are faced with an increase in the number of mandates imposed by the state and federal governments. • Supporters argue that they permit the federal and state governments to meet important needs in a uniform fashion. • Critics charge that they impose a heavy financial burden.

41. Annexation • Through extraterritorial jurisdiction cities may enforce zoning and building codes in an outlying area. • Home-rule cities can annex an area equal to 10 percent of their existing area each year. • Must give 3 year advance notice.

42. Annexation (Cont’d) • A colonia is an unincorporated urban district along the U.S.–Mexican border. • Typically severely impoverished • More than 1,800 colonias in Texas • Colonias are eligible for financial aid from the state.

43. Term Limits • More than 60 cities in Texas have term limit laws. • Term-limit laws are not uniform. • Attempts to weaken city term-limit laws through state laws or litigation have been unsuccessful.

44. Politics with a Purpose:Regulating Cell Phone Use • Texas has banned the use of cell phones while operating a school bus. • Texas bans intermediate license holders from using a cell phone for the first six months. • West University Place has banned using cell phones in school zones.

45. Politics with a Purpose: Regulating Cell Phone Use (Cont’d) • Do you think that these attempts to limit government intrusion without compromising public safety have been successful? • What do you think about the regulation of cell phone use? • What other factors contribute to the enactment of legislation?

46. Counties • Texas counties are established and structured by the state constitution and the legislature. • The county serves as a general-purpose government. • Administrative arm of the state • State supervision is minimal

47. Counties (Cont’d) • Texas counties do not have home rule. • New state statutes or constitutional amendments are often necessary to allow a county to deal with problems. • Counties are limited in their ability to tax their citizens.

48. Functions of Counties • County government is responsible for administering county, state, and national elections.

49. Functions of Counties (Cont’d) • County government acts for the state in the following areas: • Securing rights-of-way for highways • Providing law enforcement • Registering births, deaths, and marriages • Housing state district courts • Registering motor vehicles • Recording land titles and deeds • Collecting some state taxes and fees

50. Optional Powers • A county government may undertake the following activities: • Establish and maintain libraries • Operate and maintain parks • Establish recreational and cultural facilities • Appoint a county historical commission • Regulate sexually-oriented businesses • Maintain a county hospital