1. State and Local Government + Texas
Chapter 4
State and Local Government + Texas
American Government
2006 Edition
To accompany Comprehensive, Alternate, Texas, and Essentials Editions
O’Connor and Sabato
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2. The Evolution of State and Local Governments
Original unit: the state
States determined the existence of local government
States and local governments primarily part-time in the past. Grew to be full-time.
Not always representative of all constituencies.
Baker v. Carr (1962) One person, one vote
1960s and 1970s
More responsibilities given to states; more assistance, more mandates
Since 1970s, national government has moved to give states more autonomy and fewer federal dollars.
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3. State Governments Have primary responsibility for
Education
Public health
Transportation
Economic development
Criminal justice
Licenses and regulates various professions
Recently more involved in environmental and welfare policies
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4. State Constitutions
Describes the basic policies, procedures, and institutions of the governments of a specific state
Original state constitutions
Did not fully embrace checks and balances
Governors were particularly weak
Legislatures powerful
Originally, S.C., N.Y., and Massachusetts gave governor’s veto power.
Impact of Civil War
Role of Western States
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5. State Constitutions
Compared to the U.S. Constitution, state constitutions are easy to amend.
Every state allows for the convening of a constitutional convention,
AND each has a process for the legislature to pass an amendment.
Usually by supermajority; submit to voters for approval through a referendum [Tx 2/3 st leg, simple maj voters approve]
Implication: frequent changes & longer documents
6,000 specific amendments adopted [Tx > 400 am.]
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6. Governors Chief elected executive in state government
Most visible
Most important role: identifying pressing problems of their state and proposing solutions
Budgets are critical
Veto authority
General or package
Line-item veto
Implementation influence
Judicial appointments, pardoning power
[NOT Tx: judges elected, Board pardons]
Extradition
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7. Insert figure 4.1
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8. State Legislatures Originally strong yet non-professional in nature
Half original state legislatures began without a gubernatorial veto check.
Many formulated budgets and made administrative appointments.
Citizen legislators
Today: 43 state legislatures meet every year.
Floor sessions longer [Tx meets biennially, 140 days]
More committee work
All but Nebraska have two chambers
Term limits [Tx = Not]
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9. Insert Table 4.1
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10. State Courts Primary function: settle disputes
Most disputes matter of state law
Criminal behavior
Family law
Contracts, liability, land use
States are separate systems
Own rules, procedures
The ONLY time state and federal courts converge is when a case
involves a claim that a state law or practice violates a federal law
or, a state court judge has interpreted the Constitution.
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11. State Courts Inclusion Specialized courts Appellate courts
The principle that state courts will apply federal laws when those laws directly conflict with the laws of the state.
Specialized courts
Issues such as family disputes, traffic
Do not use juries
Appellate courts
Have panels of judges
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12. Insert Figure 4.2 here
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13. Elections and Political Parties
Determine who will fill offices and direct the state government
Almost all elections are partisan.
Party histories vary among states.
Competition between Republican and Democratic Party since the Civil War
Since 1994, Republicans have made gains in state elections.
Today, Republicans hold majority of governorships.
Georgia: last southern state that elected only Democratic governors since the Reconstruction era.
While important, partisanship does not always predict outcomes.
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14. Judicial Selection Patterns
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15. Direct Democracy Progressive Reform Direct initiatives
Voters can place a proposal on a ballot and enact it into law without involving the legislature or governor.
Indirect initiatives
Legislature places a proposal on a ballot and allows voters to enact it into law, without involving the governor or further action by the legislature.
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16. Initiative and Popular Referendum
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17. Direct Democracy Direct referendum Advisory referendum [TEXAS!!]
Voters can veto a bill recently passed in the legislature by placing the issue on a ballot and expressing disapproval.
Advisory referendum [TEXAS!!]
Voters cast non-binding ballots on an issue or proposal.
Recall
Voters can petition for a vote to remove office holders between elections.
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18. Local Governments More individualized than state governments
Most office-holders are part-time.
Immediacy of issues: health and safety, education, jobs and economic vitality, zoning.
Stuff of every day living
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19. Charters Dillon’s Rule* (1868) Charter
Court ruling that local governments do not have any inherent sovereignty but instead must be authorized by state government.
Charter
Document that, like a constitution, specifies the basic policies, procedures, and institutions of a municipality.
Special
General
Classified
Optional
Home Rule*
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20. Types of Local Governments
Counties
Geographic district created within a state with a government that has general responsibilities for land, welfare, environment and sometimes rural service policies.
Towns
Five states in Midwest refer to towns as form of government in which everyone in a community is invited to an annual meeting to elect officers, adopt ordinances, and pass budgets.
Municipality
Government with general responsibilities, such as city, town or village government, that is created in response to the emergence of relatively densely populated areas.
Special district*
Local government with particular function, e.g. water, parks.
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21. Municipal Government
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22. Executives and Legislatures
Local governments may have
An elected executive
An elected council or commission
An appointed manager
Not always bound by separation of powers or checks and balances
Role of the Progressives
Destruction of party machines led to minimization of politics; more management
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23. Executives and Legislatures
Most municipalities have
Council-Managers
Mayor-Council
Fewer have commissions
Form of local government in which several officials are elected to top positions that have both legislative and executive responsibilities.
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24. Grassroots Power and Politics
Participation more personal and more issue-oriented than at the national level.
Non-partisan elections
A contest in which candidates run without formal identification or association with a political party.
Local news media
Elite families
Ad hoc-issue specific organizations*
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25. Relations with Indian Tribes
Treaties between American Indian Nations and federal government
Affect 34 states; state cannot interfere in
*Legal status: domestic dependent nation
Sovereignty that makes an Indian tribe in the U.S. outside the authority of state government but reliant on the federal government for the definition of tribal authority.
Trust relationship: federal government obligated to protect Indian interests.
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26. Federal Policies Toward Indian Nations
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27. State and Local Finances
State and local governments must balance their budgets.
Budgeting process
Making projections of expenses and revenues
State of the economy
Level of funding that governments give to one another
States get about 1/4 of their funds from D.C.
Local governments get less (water & sewerage)
Most of their money from the state.
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28. Insert Figure 4.3 here
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29. State and Local Finances
Federal funding for state and local government generally declining. [Devolution!]
Increase in requirement of state spending to support national programs and concerns.
Security costs
Taxes and fees vary across states
Rely equally on income and sales taxes
Some have no sales taxes; some have double digit sales taxes
Some have no income tax
Tax increases generally bode ill for elected officials at the state level.
Local governments rely on property taxes.
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30. State and Local Finances
Progressive Tax
Tax level increases with the wealth or ability of an individual or business to pay
Regressive Tax
Tax level increases as the wealth or ability of an individual or business to pay decreases
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31. The Roots of Local Government in Texas
As a result of a nationwide municipal home rule movement, Texas adopted a constitutional amendment that allowed cities to decide their own structure, and with some limits, their powers.
Extended to counties in 1933
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32. Structure of the County Government
County Commissioners Court
The legislative body of a county in Texas
County commissioners serve on this court.
County judge
Elected official who is the chief administrative officer of county government, serves as the commissioners court, and may also have some judicial functions
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33. Authority of County Governments
Local Government Code
The Texas statutory code containing state laws about local governments
Texas governments do not have general ordinance-making authority
This is the legal right to adopt ordinances covering a wide array of subject areas, authority that cities have but counties do not
Elgin Bank v. Travis County (1999)
Elections
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34. Finances of County Governments
Historically counties rely on property taxes.
Recently, counties increased their reliance on fee revenues.
Motor vehicle registration fees are pass-through fees – they go back to the state.
Other fees are left to the counties such as jury fees, breath-testing fees – many exist in the area of criminal justice.
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35. Forms of City Governments
Four general types of home-rule cities to choose from:
Weak mayor-council
Strong mayor-council [Houston]
Council-manager [Galveston]
City commissioner [none in Tx]
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36. Organizational Chart: City of Waller (General Law)
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37. Organizational Chart: City of White Oak (Weak Mayor)
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38. Organizational Chart: Houston (Strong Mayor)
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39. Organizational Chart: City of Austin (Council-Manager)
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40. Authority and Functions of City Government
Cities have authority to provide services directly to citizens
Sometimes through franchises to private companies
Have broad regulatory authority in areas of zoning, buildings, signs, nuisances, and subdivision development
Texas Municipal League*
Professional organization and lobbying arm for city government
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41. Municipal Annexation**
Enlargement of a city’s corporate limits by incorporating surrounding territory into the city
Extraterritorial jurisdiction (ET)
The area outside a city’s boundaries over which the city may exercise limited control
Under the Municipal Annexation Act, a city may expand its municipal boundaries by an area up to 10 percent of its geographic area in any one year.
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42. Municipal Annexation**
In order to annex, a city must take the following steps: (1999 amendments)
Develop a three-year plan for annexation, and not annex the targeted area during that three-year period.
Make an inventory of the current services in the area.
Provide to the annexed area all services currently provided in its full-purpose boundaries no later than two and one-half years after annexation.
Require negotiations and arbitration regarding services.
Conduct at least two public hearings.
Not reduce level of services in the area from what they were before annexation.
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43. Politics and Representation in City Governments
City council elections tend to be “at-large” or “at-large-by-place”
An election system in which all positions on the council or governing body are filled by city-wide, elections, with each position designated as a seat, and candidates must choose which place to run for
Single-member districts weakened business monopoly over municipal politics in Texas
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44. Special Districts Water Districts School Districts
Charter school: Public school sanctioned by a specific agreement that allows the program to operate outside the usual rules and regulations.
School finance is a controversial issue in Texas.
1993 school-finance reform recaptures and redistributes school tax revenues by limiting school district revenues, capping tax rates in districts, and adjusting the state aid formula to guarantee a specified yield per tax effort for districts.
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45. Special Districts in Texas
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46. Texas special terms
Sunshine Laws – requires all governmental bodies hold their meeting in public, full notice given to public so that the public may attend
Sunset laws – requires all agencies and programs in Texas to complete a self-evaluation before it can be renewed; “don’t let the sun set on your program”
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