CHAPTER 26: LOCAL GOVERNMENT

1. CHAPTER 26: LOCAL GOVERNMENT

3. Municipalities • Municipalities are general purpose local governments. Texas municipalities are classified as either general-law or home-rule cities. • General Law Cities: • Incorporated with a population of 5,000 or less. • About 75% of Texas cities are classified as general law cities. • Home-rule cities : • Incorporated cities with a population of 5,000 or more. • Home-rule cities may adopt their own charter • Recall, Initiative, Referendum

5. Forms of Government • There are three common forms of municipal governments: • council-manager • mayor-council • commission

6. Council-Manager Form of Gov’t • Features an elected city council and a city manager who is hired by the council. • The council makes policy decisions • The city manager is responsible for the day to day operations of city government.

7. Mayor-Council Form of Gov’t • Found in two forms: • In the strong-mayor form the mayor who is elected at-large is both chief executive and legislature leader. • The weak-mayor form lacks unified lines of authority, since the mayor and council share administrative authority.

9. Commission System of Gov’t • An election system that permits members of a city council to also serve as heads of city departments.

10. Municipal Election Systems • At-large elections are citywide elections. In a pure at-large system, voters elect all the members of the city council. With the at-large place system, candidates run for a particular seat on the council. • Single-member districts is an election system in which members of city council are elected from individual districts by voters who live in each district. • One alternative system is cumulative voting, which is an at-large election system that permits voters to cast one or more votes for a single candidate.

11. Revenue Sources and Limitations • Property taxes where the revenue is based on a percent of assessed value of real property. • User fees, or charging citizens for services received, are also popular for two reasons: • citizen opposition to higher taxes, and • the notion that people should pay for what they actually use. • Local governments utilize public debt infrastructure projects such as roads, buildings, and public facilities. • Rollback election is an election that permits the voters to decide if a property tax increase ( of more than eight percent) approved by a local government will remain in effect or be reduced to eight percent.

12. Issues and Trends • According to the 2000 Census, some Texas cities grew more rapidly than others in the 1990s. • Development Corporation Act is a state law that allows select Texas cities to raise the sales tax for economic development. • A mandate is an order imposed by a higher-level government requiring a lower-level government to meet an obligation. • Annexation is a policy that permits a city to add unincorporated areas into the city’s jurisdiction. • The Municipal Annexation Act establishes a buffer area known as extraterritorial jurisdiction (ETJ) that extends from one-half to five miles beyond the city’s limits, depending on the city’s population. • Term limits restrict the number of times that a politician can be reelected to a local office.

13. Counties • The state constitution sets-up the 254 Texas counties. • Functions of Counties • County government is responsible for administering county, state, and national elections. • County government acts for the state in • securing rights-of-way for highways • law enforcement • registering births, deaths, and marriages • housing state district courts • registering motor vehicles • recording land titles and deeds, and • collecting some state taxes and fees.

15. Structure & Organization of Counties • County governments consist of a number of independently elected officials. • The commissioners court is the policymaking body of a county. • Consists of a county judge and four commissioners. • Law enforcement officers are the county sheriff and constable. • The sheriff is the chief county law enforcement officer. • Constables are county law enforcement officials who serve as process officers of justices of the peace courts. • Financial officers of the county include the tax assessor-collector, the treasurer, and the auditor. • The tax assessor-collector responsibilities include collecting various county taxes and fees and registering voters. • The treasurer is responsible for receiving, depositing, and disbursing funds. • The county auditor’s duties include reviewing county financial records and serving as chief budget officer.

17. Structure & Organization of Counties • Clerical officers in the county are the county and district clerks. • The county clerk serves as chief record-keeper and election officer. • The district clerk’s role is to be record-keeper for the district’s courts. • Legal officers, known as county attorneys and/or district attorneys, perform a variety of functions. • County attorneys are responsible for giving legal advise to the commissioners court, • Representing the county in litigation, • Prosecuting felonies and misdemeanors. • District attorneys are officers who prosecute felony cases.

18. Issues and Trends • Constitutional Rigidity • Long Ballot • Reformers recommend a short ballot which is the listing of only a few independently elected offices on and election ballot. • Unit Road System • This system takes the day to day responsibility for roads away from individual county commissioners and concentrates it in the hands of a professional engineer. • A Spoils System • A system that gives elected officials considerable discretion in employment and promotion analysis. • Opponents of these practices propose a merit system that bases employment and promotion on specific qualifications and performance. • Consolidation • The merging or joining of responsibilities by counties and other local governments is a suggestion for reforming county government.

19. Special Districts: The Hidden Governments • Special districts are local governments that provide single or closely related services that are not provided by general-purpose county’s or municipal governments. • Special districts are the most numerous of all local governments in Texas. • Special districts provide a service that other local governments will not or cannot provide. • Special districts may be dissolved when no longer needed. • Dissolution of a special district is frequently accomplished through annexation and assumption of the district’s functions and debts by a municipality.

22. Special Districts: Issues and Trends • Multiple Governments on the Rise • The rise of special district governments is of concern for two reasons. • Special districts are commonly regarded as “hidden” governments in which the actions of officials and employees are less visible than if the services were provided by a county or city. • When special district elections are held at times or places other than those for general elections, voter turnout is quite low.

23. The Costs of Special Districts • Special districts are small, they purchase in limited quantities at higher prices than larger governments. • Special districts may have little or no authority to tax, they are forced to borrow money by issuing revenue bonds.

24. Councils of Governments (COGs) • Councils of government (COGs) represent an attempt by the state to encourage coordination of local government activities on a regional basis. • The COG provides several significant services to its membership, including • regional planning, • technical services, and • help in applying for grants. • By bringing local officials together, COGs provide a base for the exchange of ideas and knowledge that is of substantial value.