Local Governments in Texas Chapter 6 Local Governments in Texas

Describe local political systems in Texas. Upon completing this chapter, you will be able to… Describe local political systems in Texas.

Federalism Revisited Lack of centralization in the United States Different functions at different levels of government Local governments are defined in the Texas Constitution and are creatures of the state

Creatures of the State Legal limits that constrain local governments Population and Geographic territory (1) a community with fewer than 2,000 inhabitants and less than 2 square miles (2) a community with 2,001 to 4,999 inhabitants and less than 4 square miles (3) a community with 5,001 to 9,999 inhabitants And less than 9 square miles. Categorizing local governments General law operates under Commissioner’s Court and the state constitution Home Rule operates as a corporate municipality with its own city charter

General Law Cities and Home Rule A community may not incorporate as a general- law municipality unless it meets the following territorial requirements (1) a community with fewer than 2,000 inhabitants must have not more than two square miles of surface area; (2) a community with 2,001 to 4,999 inhabitants must have not more than four square miles of surface area; and (3) a community with 5,001 to 9,999 inhabitants must have not more than nine square miles of surface area.

Incorporation and Annexation The process by which a community elects to self- govern Annexation The process involved when a municipality elects to change its corporate boundaries. Each municipality possesses ETJ (extends from ½ to up to 5 miles) and grows with the population Key terms: general law city home rule city incorporation extra-territorial jurisdiction

Requirements for Incorporating to General Law Incorporation: If a municipality wishes to change general-law municipality: (1) at least two-thirds of the governing body of the municipality at a regular meeting must vote to make the change and the vote must be recorded in the journal of the governing body's proceedings; (2) a copy of the record of the proceedings must be signed by the mayor; (3) a copy of the record of the proceedings must be attested by the municipality's clerk or secretary under the corporate seal; and (4) a copy of the record of the proceedings must be filed and recorded in the office of the county clerk of the county in which the municipality is located

General Law Cities and Home Rule Home Rule (Special Law Municipality) Home rule municipalities operates under a municipal charter that has been adopted or amended as authorized by Article XI, Section 5, of the Texas Constitution. Chapter 9 describes the process by which any A, B or C type General Law municipalities may elect to transform into a Home-rule municipality. A charter commission must be designated and draw up a charter which is voted on by the registered voters in that municipality.

Types of City Government Council-Manager Government Council- Mayor Government Commission-style Government

Council-Manager Government Arose out of concerns for corruption during the Progressive era, and today all major cities (except Houston) have adopted it, making it the most common Citizen elect a city council by district and a mayor at large. The council hires a city manager. The city council enacts policy while the manager is responsible for the day-to- day operations. Key terms: council-manager form city manager

Weaknesses of Council-Manager Council members tend to be part-time, short- term elected officials Public perception of influence is limited City managers, particularly if they are powerful and adroit, are able to influence council member decisions, sometimes to the detriment of constituents

Mayor-Council Government Weak executive Mayor shares powers with council or other elected officials Mayor has limited budgetary authority Mayor may not have veto authority or it is extremely limited Mayor is often subject to short term limits Strong executive Mayor may have appointive authority Has veto authority Has budgetary authority Longer terms or no term limit Key terms: weak mayor form strong mayor form

Communicating Effectively… CORE OBJECTIVE Communicating Effectively… Compare Figures 6.1, 6.3, and 6.4 with Table 6.2. Discuss the fundamental differences among the weak mayor, strong mayor, and council-manager forms of government. Which do you prefer and why?

Commission Form of Government General Law “C” type municipalities use this style (Galveston) Combines legislative/executive functions Weaknesses of the Commission Form of Government Often the officials elected are not competent Lack of separation of powers which could lead to corrupt actions No official leadership Key term: commission form

Municipal Election Types At-Large Election Systems Largely, deemed unconstitutional under the Voting Rights Act and its later amendments Single-Member District Election Systems Cumulative Voting Preferential Voting (no city in Texas uses this today because of its complicated nature but it would be more fair!) Key terms: at-large election system single-member district cumulative voting preferential voting

Being Socially Responsible… CORE OBJECTIVE Being Socially Responsible… Compare at-large election systems and single- member district systems. An argument in favor of single-member district systems is that they increase minority representation in local government. In your opinion, does increased minority representation increase intercultural competency? Why?

Election Characteristics Municipal elections in Texas are facially non- partisan, but clearly, there is a tacit recognition of party alignment by agenda. Low turnout is typical largely because of timing, but there is also a general lack of media coverage and electorate inattention Key term: nonpartisan elections

Taking Personal Responsibility… CORE OBJECTIVE Taking Personal Responsibility… Local government directly impacts people in their daily lives. How can you be involved?

County Governments Oldest type of local government in U.S. Handles state functions at a local level Local services Infrastructure (roads/bridges) Planning and zoning Building code and enforcement Operating courts/jails Record keeping Key term: county government

County Governments The Structure of County Government The County Commissioner’s Court The County Sheriff The County and District Attorneys The County Tax Assessor/Collector The County Clerk and District Clerk The County Treasurer The County Auditor Key terms: commissioner‘s court county sheriff

Weaknesses of County Governments in Texas Inability to Provide Urban Services Fire/Police protection Garbage collection Utilities are usually provided via co-ops Lack of Ordinance Authority Building and inspection codes are non-existent Inequity of Financial Resources Property tax is the typical revenue vehicle

CORE OBJECTIVE Thinking Critically… Identify some of the problems facing county governments. What solutions would you propose?

Special District Governments Special purpose districts Selection of governing boards Appointment or election Taxation authority School Districts Independent and Consolidated school districts Key terms: special purpose district independent school district (ISD)