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Government and Politics in the Lone Star State

Tenth Edition

Chapter 4

Local Government in Texas

Learning Objectives

4.1 Trace the transition of Texas from an agrarian to an urban state.

4.2 Compare and contrast the governments of Texas cities.

4.3 Describe the structure of county government in Texas.

4.4 Describe the functions and challenges of special-purpose districts in Texas.

4.5 Describe the structure of independent school districts in Texas.

4.6 Assess proposed solutions to the problems of local

government in Texas.

Urban Texas (1 of 2)

Cities in the State’s Formative Period

In 1876, less than 10 percent of the population lived in cities.

Now, more than 80 percent of Texans live in cities or urban areas.

Urban Texas (2 of 2)

General Features of Contemporary Texas Cities

Houston, San Antonio, and Dallas are among the ten largest cities in the United States.

Growth rates have varied widely from city to city.

Texas cities have expanded outward instead of upward.

Racial and ethnic composition of Texas cities is a major factor in urban diversity.

Government in a Highly Urban State

The Harris County Courthouse, located in downtown Houston, houses some of the many functions that serve more than 4.4 million residents in a highly populated area of the state of Texas.

Table 4-1 Select Characteristics for the Ten Largest Cities in Texas, 2014 (1 of 2)

City	Total Population in 2014	Median Age	Percentage African American*	Percentage Hispanic*	Percentage Asian*	Median Household Income 2014	Percentage of All Persons Below Poverty Level 2014
Houston	2,240,796	32.7	24.1	44.1	7.7	$45,460	22.4
San Antonio	1,436,723	33.2	8.2	63.8	3.3	$45,339	21.0
Dallas	1,281,031	32.4	25.2	41.4	3.9	$43,003	24.5
Austin	912,798	32.6	9.0	34.4	8.1	$58,458	18.5
Fort Worth	812,553	32.4	21.2	34.2	4.8	$52,273	19.4
El Paso	679,024	33.1	4.8	79.4	2.2	$41,221	22.0
Arlington	383,202	33.2	21.8	29.9	7.2	$52,141	17.8
Corpus Christi	320,431	34.8	4.8	61.3	2.6	$52,066	15.7

Table 4-1 Select Characteristics for the Ten Largest Cities in Texas, 2014 (2 of 2)

City	Total Population in 2014	Median Age	Percentage African American*	Percentage Hispanic**	Percentage Asian*	Median Household Income 2014	Percentage of All Persons Below Poverty Level 2014
Plano	277,910	39.1	10.4	15.2	19.1	$81,571	7.2
Laredo	253,747	28.6	0.7	95.2	0.8	$39,501	32.1
State Totals	26,956,958	34.3	12.9	38.6	5.0	$53,035	17.2

SOURCE: U.S. Census Bureau, American Community Survey, 2014.

*Race alone or in combination with one or more other races

**Hispanic or Latino of any race

The Legal and Constitutional Framework for Texas Cities (1 of 17)

General Law and Home Rule Cities

Dillon Rule: Local governments are products of state government, and the state defines their powers and responsibilities.

General Law City: A Texas city with fewer than 5,000 residents; allowed to exercise only those powers specifically granted to it by the legislature

Home Rule City: A Texas city with more than 5,000 residents; may adopt any form of government residents choose as long as it doesn’t conflict with the state constitutions and statutes

City Charter: A document, defined or authorized by state law, under which a city operates

The Legal and Constitutional Framework for Texas Cities (2 of 17)

Forms of City Government

Mayor-Council (Used by over 900 cities)

The city council provides the legislative functions.

The mayor serves as the chief executive officer.

Weak mayor

Shares power with city council

Independent election of other city administrators

Strong mayor

Appointment and removal power

Control over budget preparation

Veto power over city council

The Legal and Constitutional Framework for Texas Cities (3 of 17)

Forms of City Government

City commission

Concept originated in Galveston after a hurricane and subsequent flooding; government response was ineffective.

A group of citizens won the legislature’s approval to form a new government designed to be more responsive.

Partisan elections were eliminated and executive, legislative, and administrative functions were combined.

Several issues arose

No single person identified as in charge

Oversight and review of policies and budgets is minimal.

Figure 4-3 City Commission Form of Government

SOURCE: Charles A. Beard, ed., A Loose Leaf Digest of Short Ballot Charters (New York: The Short Ballot Organization, 1911), 36001.

Commissioners combine policy and administrative functions under the commission form of government, developed in Galveston after the 1900 hurricane. The original form of commission government does not appear to be used today by any Texas city, although thirty-one cities still refer to their city councils as commissions, and many have added a manager.

Meg (M) - is this number correct?

The Legal and Constitutional Framework for Texas Cities (4 of 17)

Forms of City Government

Council-Manager

City manager

Serves as the city’s administrator

Hired by city council

Manages city personnel

Implements policy

Develops the city budget

The Legal and Constitutional Framework for Texas Cities (5 of 17)

Municipal Election Systems

Nonpartisan city elections

Candidates may not reveal their partisan identities.

Give advantages to higher social and economic groups when combined with at-large elections

Removes voting cues

Voters are forced to find alternative sources of information about candidates.

The Legal and Constitutional Framework for Texas Cities (6 of 17)

Municipal Election Systems

At-large elections

All voters participate in the selection of all city council members.

In a pure at-large system, every candidate runs against every other candidate.

In the place system, candidates file for a specific council seat and run citywide for places or positions.

The Legal and Constitutional Framework for Texas Cities (7 of 17)

Municipal Election Systems

Single-member districts

Elections are based on geographical districts.

Each has one representative.

Candidates must live in their districts.

Voters cast ballots only for their representatives.

Winners are determined by majority or by plurality.

The Legal and Constitutional Framework for Texas Cities (8 of 17)

Municipal Election Systems

Legal attacks on at-large elections

Benefit nonminority high-income areas of city

Challenged in court by minority groups

Have had successes in El Paso, Houston, and Dallas

The ethnic and racial makeup of city councils has changed dramatically since the mid-1970s.

The Legal and Constitutional Framework for Texas Cities (9 of 17)

City Revenues and Expenditures

Receive no state funding

Dependent on regressive taxes

Property taxes

Sales tax

Fees for permits, franchises, and hotels

Amusement taxes

Court fines

Funds from local utilities

The Legal and Constitutional Framework for Texas Cities (10 of 17)

City Revenues and Expenditures

State restrictions on local taxes

Limit property tax rate

Citizens can petition for a rollback election.

Balanced budgets are required.

Funding for city projects is provided through general-obligation bonds and revenue bonds.

Bonds require voter approval.

Figure 4-5 Where Do Texas Cities Get Their Money?

SOURCE: Texas Town and City 102 (January 2015), 16.

Texas cities collect two-thirds of their local revenues from property and sales taxes, both of which are classified as regressive taxes. Other revenues come from franchise fees, court fines, hotel occupancy taxes, permit fees, and funds transferred from locally owned utilities.

The Legal and Constitutional Framework for Texas Cities (11 of 17)

Urban Problems

Graying of Texas cities

In 2014, only 11.5 percent of Texans were over 65 years of age, but it translates into some 3.1 million people.

Individuals older than sixty-five get a homestead property tax exemption, and this lowers tax revenues.

Younger taxpayers will be called upon to shoulder the burden through higher tax rates.

The Legal and Constitutional Framework for Texas Cities (12 of 17)

Urban Problems

“White flight”

“White flight” refers to the increasing move of Anglos to the suburbs.

Low-income minorities in central cities increase the need for public services.

A declining proportion of affluent property owners weakens the tax structures that pay for the services.

The Legal and Constitutional Framework for Texas Cities (13 of 17)

Urban Problems

Declining infrastructure

Public facilities must be constantly maintained or expanded to support a growing population.

Cities are having trouble keeping up with the increased demand for roads, utilities, water and wastewater systems, and other services.

The Legal and Constitutional Framework for Texas Cities (14 of 17)

Urban Problems

Crime and urban violence

Much of the crime problem facing Texas is related to drug abuse, gang violence, and juvenile crime.

Many city budgets cannot absorb the costs associated with the expansion of law enforcement.

The Legal and Constitutional Framework for Texas Cities (15 of 17)

Urban Problems

State- and federal-mandated programs

A higher level of government requires a lower level of government to carry out a specific program.

Federal mandates have required transportation, education for the disabled, water- and air-quality standards, and voter registration.

States have shifted much of the cost of public education to local governments.

The Legal and Constitutional Framework for Texas Cities (16 of 17)

Urban Problems

Environmental issues

Texas is one of the most polluted states in the nation.

Cities are frequently on “ozone alert.”

How some cities address these issues

“Smart Growth” programs

“Sustainability” and “Green City” programs

The Legal and Constitutional Framework for Texas Cities (17 of 17)

Urban Problems

Public employment

Retiring public employees are hard to replace and have expensive pensions and health-care benefits.

As the baby boom generation retires, governmental agencies will face serious personnel issues.

Many cities will have trouble paying pensions because they have not allocated sufficient funds.

Journal 4.2

If you lived in a small city of 25,000 or so individuals, would you favor single-member districts or an at-large election system? On what would you base your position?

County Government in Texas (1 of 6)

The Diversity of Counties

254 counties in Texas

More than any other state

Vary in population, local characteristics, and public needs

Can be created, altered, or abolished by the state

Serve as administrative subunits of the state

Collect taxes and implement state policies

Cannot enact ordinances

Share same basic structure

Offices filled through partisan elections.

County Government in Texas (2 of 6)

The Structure of County Government

Commissioners court and county judge

Commissioners elected by precinct.

Avery v. Midland County (1968) ruled that districts must have equal populations.

Serve four-year terms

County judge elected at-large.

Not required to be a lawyer

Presides over commissioners court

Fills vacancies on the court

Judicial responsibilities in small counties

General Structure of the Commissioners Court is the Same in All 254 Counties

From Loving County in West Texas with less than 100 people to Harris County with more than four million persons, every county has a governing body of five members – four commissioners and a county judge. In the small counties, this usually requires a limited amount of time, but in the large, urban counties such as Bexar County, the job of the commissioners court has become fulltime. Seen here is the Bexar County Commissioners Court meeting in the newly renovated two-story courtroom.

Table 4-3 Major Duties of the Commissioners Court

1. Set tax rate and adopt county budget.

2. Appoint county officials authorized under statutory law and hire personnel.

3. Fill county elective and appointive vacancies.

4. Administer elections, including the establishment of voting precincts, the appointment of an election administrator, the appointment of precinct judges, the calling of county bond elections, and the certification of election returns.

5. Award contracts and authorize payment of all county bills.

6. Build and maintain county roads and bridges.

7. Build, maintain, and improve county facilities, including jails.

8. Provide for libraries, hospitals, and medical care for the indigent.

9. Provide for emergency relief and civil disaster assistance.

10. Provide for fire protection and sanitation.

SOURCE: Texas Commission on Intergovernmental Relations, An Introduction to County Government (Austin: Author, 1985), 9.

County Government in Texas (3 of 6)

The Structure of County Government

County clerk

Serves as clerk of the commissioners court

Maintains records and vital statistics

May serve as chief elections officer

District clerk

Maintains district court records

County and district attorneys

Serve as prosecutors

Provide legal advice to public officials

County Government in Texas (4 of 6)

The Structure of County Government

Tax assessor-collector

Collects property taxes and other state taxes/fees

An appraisal district determines property values

County law enforcement

Sheriffs

Primary jurisdiction over unincorporated areas

Administrator over county jails and county/district courts

Constables

Administrative officers of the justice of the peace courts

County Government in Texas (5 of 6)

The Structure of County Government

County auditor

Required in counties with 10,000 residents

Appointed by district judges to two-year terms

Reviews bills and expenditures

Budget officer in counties with 225,000 residents

County treasurer

Receives and disburses county funds

Many duties being transferred to county auditors

County Government in Texas (6 of 6)

Criticisms of County Government

Lack home-rule status

Little state supervision

Disparities in performance

Property tax restrictions limit provision of services.

Limited use of civil service systems

Special Districts in Texas (1 of 2)

Functions and Structures of Special Districts

Close to 2,600 special districts in Texas

Most perform a single function, but municipal utilities districts (MUDs) provide multiple services.

Governed by elected or appointed nonpartisan board

Provide services that the other local governments are unwilling or unable to provide to their areas

Hospital Districts

Under provisions of the state law, counties are eligible to create hospital districts to develop a county hospital to serve its residents. The seven members of the Board of Managers of the Bexar County Hospital District are appointed by the commissioners court and serve for two years without pay. A large number of low-income Texans are served by hospital districts, many of which are tied to state medical schools. Seen here is the recently completed tower of the University Hospital in San Antonio.

Special Districts in Texas (2 of 2)

Consequences of Special Districts

Delay creation of multipurpose governments

Poor management and recordkeeping

Higher costs of providing services

Low salaries; difficult to recruit qualified staff

Jurisdictional rivalries develop.

Duplication of costs

Little public and media attention

Independent School Districts (1 of 3)

Inequities in the Public Education System

Reform efforts

Rural area accessibility, compulsory attendance, funding, and teacher recruitment and training

Structure and governance of districts, consolidation of districts, and extension of ISDs throughout state

New problems

More than 5 million students in Texas and a host of new issues including bilingual education, special education, and graduation rates

Student performance and mandated testing

Independent School Districts (2 of 3)

Differences Among School Districts

1,025 local independent school districts and 202 charter school districts

Number of students

Financial resources

Facilities

Graduation rates

Other performance measures

Smallest School District in Texas

The Divide Independent School District is located west of the unincorporated community of Mountain Home some 40 miles from Kerrville. The school district seldom enrolls more than a dozen or so students during the school year. Classes for students in the first to eighth grades are held in one room of the building constructed in 1936. The district’s superintendent is also the principal and a teacher.

Independent School Districts (3 of 3)

Local School Governance

School boards

Three to nine members selected in nonpartisan elections

Hire school superintendent—most important job

Similar to council-manager form of government

Board = Council

Superintendent = Manager

Boards too involved in day-to-day management can be reprimanded by Texas Education Agency.

Solutions to the Problems of Local Government (1 of 5)

Privatization of Functions

Contracting out services

Leasing property from private owners

Examples of city contracts

Garbage pickup and waste disposal

Towing, food services, and security

Solutions to the Problems of Local Government (2 of 5)

Annexation and Extraterritorial Jurisdiction

Extraterritorial jurisdiction

Areas one-half mile to five miles beyond the city limits

Areas subject to land-use restrictions and building codes of the city

Annexation

Extends city boundaries up to 10 percent of city’s territory

Does not require the approval of annexed residents

Cities must provide services within two and a half years.

Solutions to the Problems of Local Government (3 of 5)

Modernization of County Government

Establish home rule

Grant power to make ordinances

Modernize information and communication systems

Create an office of county administrator

Extend civil service systems

Solutions to the Problems of Local Government (4 of 5)

Economic Development

Cities

Tax increment financing for districts

One-half percent tax for economic development

Offer tax abatements to attract businesses

Counties

Form enterprise zones

Relax state regulatory policies

Offer tax abatements to attract new businesses

Solutions to the Problems of Local Government (5 of 5)

Interlocal Contracting

Smaller cities contract with larger cities to provide services.

Metro Government and Consolidation

Reduce fragmentation, duplication, and overlap of government services

Public Improvement Districts

May improve landscaping, lighting, streets, sidewalks, libraries, parking, water, and drainage

Shared Writing 4.6

Consider the discussion in “Article Analysis: Cutting a Tax the State Does Not Levy.” At this point in your life, you are likely to have strong opinions about the sales tax, but you probably have not given much thought to the property tax, a regressive tax that takes a greater percentage of the income of Texans who fall into lower- and middle-income brackets. The property tax is a local tax collected by local governments. You may think this is a tax only on those who own homes, but even if you rent an apartment or a home, the owner rolls this tax into your monthly payments. If the state cannot collect this tax, how do the actions of the legislature impact the taxing and budgeting decisions of local governments that rely on the property tax? What might be the consequences of legislative actions that lower the property tax rate or expand homestead exemptions?

Photo Credits

Page 88: J. G. Domke/Alamy Stock Photo; 91: Library of Congress Prints and Photographs Division [HABS TEX,15-SANT,29–2]; 92: Sean Pavone/Alamy Stock Photo; 100: Tucker Gibson; 110: Tucker Gibson; 114: Tucker Gibson; 118: Tucker Gibson; 123: Library of Congress Prints and Photographs Division [LC-USF34-032945-D]