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The Texas Experience

First Edition

Chapter 11

Local and County Governments and Special Districts in Texas

Learning Objectives (1 of 2)

11.1 Compare and contrast the two types of cities and several forms of city government.

11.2 Evaluate the various structures of municipal government, including elections and forms of government.

11.3 Identify the major sources of revenue and expenditures of local governments.

Learning Objectives (2 of 2)

11.4 Explain why counties were established and how they have evolved.

11.5 Summarize the importance of special districts in Texas.

Local and County Governments and Special Districts in Texas

A housing development takes shape in Georgetown. The residents of these new homes will put an additional burden on city services but also provide new property tax revenue to pay for everything from police officers and teachers to road equipment and school buses.

SOURCE: Shelby Knowles/ Texas Tribune

Local Government (1 of 2)

Local government is defined as any level of government below the state level.

Three levels:

municipal (or city),

county, and

special district.

Local Government (2 of 2)

Local governments perform a wide range of services, from building roads and keeping them clean and safe to collecting garbage and providing health care for the homeless.

Special districts, including the approximately 1,100 independent school districts, are specially created units of government that may encompass only part of a city or several counties.

Figure 11.1 Fastest-Growing Texas Cities, 2015 to 2016

For long description, see slide 50, Appendix A

SOURCE: Adapted from U.S. Census Bureau, Quoted in Alexa Ura, Annie Daniel, “Suburbs of Houston and Dallas top list of fastest-growing cities in U.S.”, Texas Tribune, May 25, 2017. https://www.texastribune.org/2017/05/25/texas-suburbs-are-once-again-among-fastest-growing-cities/

Figure 11.2 Texas Cities That Added the Most People, 2015 to 2016

For long description, see slide 54, Appendix B

SOURCE: Adapted from U.S. Census Bureau, Quoted in Alexa Ura, Annie Daniel, “Suburbs of Houston and Dallas top list of fastest-growing cities in U.S.”, Texas Tribune, May 25, 2017.

https://www.texastribune.org/2017/05/25/texas-suburbs-are-once-again-among-fastest-growing-cities/

Municipal Government (1 of 9)

Municipal Governments uniquely reflect the citizens who reside within them.

The term municipal government applies to cities, towns, and villages that are recognized by the legislature as being governmental entities.

Figure 11.3 Texas Historical Rural and Urban Populations, 1950 to 2010

For long description, see slide 58, Appendix C

SOURCE: Adapted from Texas Demographic Center

Municipal Government (2 of 9)

Types of Municipalities

Two types of cities: general law and home rule.

General law: A highly restrictive, and the most fundamental type of, legal status for municipal government.

Home rule: A legal status that gives municipalities more autonomy in establishing tax rates and providing services; it must be approved by a majority of the voters in municipalities consisting of 5,000 or more persons.

Municipal Government (3 of 9)

Types of Municipalities

General law cities have limited autonomy.

Cities are closely regulated and monitored by the state.

General law cities are not heavily populated and do not usually provide “big-city” services such as libraries, public recreation facilities, and public housing.

Municipal Government (4 of 9)

Types of Municipalities

A home rule city may do anything that its own charter authorizes and does not conflict with any existing state or federal law.

In order to obtain home rule status, the city must adopt a charter, which must be approved by the Texas legislature.

Home rule city charters require transparency, and professional management.

Municipal Government (5 of 9)

Forms of Municipal Government

Three forms of municipal government exist in Texas:

mayor-council, council-manager, and commission.

Each home rule city can create and modify its form of government based on the desires or needs of the community.

Municipal Government (6 of 9)

Forms of Municipal Government

Mayor-council: a simple form of government in which most of the day-to-day executive operations are carried out by either the mayor or by a city council.

Public utilities are frequently provided by cooperatives or special districts, not the local government.

Two main variations of the mayor-council form of government: weak mayor and strong mayor.

Municipal Government (7 of 9)

Forms of Municipal Government

Weak mayor system: the mayor has limited policy implementation and no veto powers.

Strong mayor cities: the mayor is often empowered to veto policies and ordinances passed by the council and to hire and fire city personnel as he or she deems appropriate.

Municipal Government (8 of 9)

Forms of Municipal Government

Council Manager: The council-manager form of government is used by most medium- and larger-sized cities in Texas and throughout the United States.

City manager: Professional political appointee who oversees city operations on a day-to-day basis.

Mayors have limited powers; must rely on the force of their personalities to have an impact.

Municipal Government (9 of 9)

Forms of Municipal Government

Commission: A single commissioner oversees police and fire, parks and recreation, or public streets.

The commission system is often criticized for being too fragmented, as there is usually no single individual who has overall responsibility of the local government.

The system most closely resembles the plural executive system found at the state level.

Table 11.1 Typical Duties of a City Manager

• Enforce all city ordinances, rules, and regulations.

• Supervise all municipal employees and programs.

• Prepare and execute the city’s annual budget pursuant to the revenue and expenditure plans adopted by the council.

• Manage the city’s funds and prepare periodic reports that advise the council and the general public of the city’s fiscal condition.

• Provide information to the council to facilitate its ability to make informed decisions in the best interests of the city.

• Prepare council meeting agendas and attend all such meetings to serve as a resource to the council and the public.

• Draw the council’s attention to city needs and recommend alternatives by which the council can respond to those needs.

SOURCE: Adapted from “Local Governments in Texas,” Texas Town and City, January 2009 (http://www.tml.org/HCW/LocalGovernmentsinTexas.pdf).

Municipal Elections (1 of 7)

Types of Municipal Elections

At-large system: A method of electing representatives; no districts or wards drawn, and the candidate may draw votes from the entire area to be governed.

Place system: A system of electing local government leaders; the candidates must campaign for a particular seat on the city council.

Single-member district: Specific geographic area with a population equal to that of other districts that elects one person to represent that area.

Coalitions: Alliances consisting of a variety of individuals and groups in support of a particular candidate for elected office.

Municipal Elections (2 of 7)

The majority of Texas municipalities rely most heavily on property taxes to fund the services they provide.

Ad valorem: A system of taxation that is assessed “according to value,” whereby the more a property is worth, the higher the tax to be paid on it.

Other revenue generated by Texas municipalities includes a sales tax rebate from the state.

Municipal Elections (3 of 7)

Franchise tax: A specific tax paid by businesses operating in Texas.

User fees: Monies paid to local governments by citizens who utilize a particular government service (e.g., tuition at a state school or fees at a public boat ramp).

Municipal Elections (4 of 7)

Special taxes fund or supplement specific projects or services.

Capital improvements: Issued by local governments for the purpose of capital improvements and repaid by revenue generated by the improvement; examples include sports arenas and public facilities for which there is an admission charge.

Municipal Elections (5 of 7)

Bonds

General obligation bonds are sold when the city needs to raise money to build or improve city-owned facilities.

paid back gradually from the usual sources of revenue available to the city.

Revenue bonds are sold for the construction or improvement of a city-owned property that is expected to generate revenue, such as a sports arena or public water park.

paid back from the revenue generated by the capital improvement.

Municipal Elections (6 of 7)

Eminent Domain

Eminent domain: Power used to displace landowners in the interest of constructing highways, airports, shopping malls, and military installations and the stadium where the Dallas Cowboys play.

Eminent domain has been used make way for projects from shopping centers to toll roads, and the issue remains on the horizon for projects such as bullet trains and border walls.

Figure 11.4 Tax-Supported Debt per Capita, 2016

For long description, see slide 59, Appendix D

SOURCE: Adapted from DAAG-CITIES, Texas Comptroller of Public Accounts. https://comptroller.texas.gov/transparency/local/debt/cities.php

Municipal Elections (7 of 7)

Budgeting

Budgeting process requires extensive research and planning.

In order to attract business and commerce, many municipalities offer financial incentives, called abatements.

State government intervenes too much in local affairs.

County Government (1 of 12)

The Texas constitution calls counties “administrative arms of state government”.

Everything the counties do is on behalf of the state.

County Government (2 of 12)

Structure of County Government

Counties are considered “local governments” because county officials are elected locally from within the county they serve.

Compared to cities, counties are relatively weak in terms of autonomy.

Each county has specific needs according to its size, location, population density, and other factors.

County Government (3 of 12)

Structure of County Government

Each county is governed by a five-member county commissioners court composed of four commissioners and presided over by a county judge.

The county is divided into four precincts of equal population.

The county judge is elected at large.

County Government (4 of 12)

Structure of County Government

The commissioners court acts as a city manager more than a court.

Harmony among the various elected county officials is especially vital.

Conflicts are rare and last only a few years—until the next elections.

Figure 11.5 Population Change by County, 2010 to 2016

For long description, see slide 60, Appendix E

SOURCE: Data From Harris County, Texas; Fort Bend County, Texas; https://www.census.gov/quickfacts/fact/table/harriscountytexas,fortbendcountytexas,TX/PST120217

County Government (5 of 12)

Elected Officials

Counties allow voters to decide whom to elect to carry out duties of officials.

County officials answer to the voters and not the mayor, council, or city manager.

Sheriff: primary responsibilities are to provide law enforcement services to areas of the county and to oversee the county jail.

County Government (6 of 12)

Elected Officials

Sheriff

the sheriff is a Texas peace officer and a conservator of the peace.

enforces the criminal laws of the state.

is responsible for bail bonds, civil process, and security of the courts.

County Government (7 of 12)

Elected Officials

Constables: Texas peace officers and require the same training as any sheriff’s deputy, municipal police officer, or state trooper.

Each county elects one constable for each justice of the peace, and depending on the county’s population, there can be as many as eight justices of the peace and constable precincts.

County Government (8 of 12)

Elected Officials

The district or county attorney: county’s legal officer and adviser.

The district or county attorney has sole discretion in determining whether an individual will be held accountable for committing a crime.

The district attorney can have a direct impact on the safety and quality of life.

County Government (9 of 12)

Elected Officials

County clerk: responsible for maintaining the county’s legal records and vital statistics, such as birth and death certificates, marriage licenses, and real estate transactions.

The county clerk records the court’s minutes and certifies all candidates running for countywide office.

The county clerk is the busiest person on the county payroll.

County Government (10 of 12)

Elected Officials

Tax assessor-Collector

In the past, tax assessors were burdened with tremendous pressure from property owners seeking lower property values.

Tax assessor has the important responsibility of identifying taxable property and collecting taxes that are due to the state and county.

County Government (11 of 12)

Elected Officials

Treasurer: the county’s official bookkeeper.

responsible for tracking all collections and expenditures and has considerable input in formulating the county’s budget.

County Government (12 of 12)

Criticism of County Government and Proposed Reform

The major stumbling block on the path to reform is the Texas constitution.

The most common complaints about county government:

The long ballot

Inability to establish home rule

Inability to pass ordinances

Special Districts (1 of 5)

A special district is the third classification under the broad title of “local government.”

a local government established to deliver a specific service to a limited geographic area, eg. education, flood control, or public utility service.

The special district must be chartered by the state or otherwise approved by the state legislature.

Figure 11.6 Number of Special Districts Collecting Property Taxes, 1992 to 2014

Note: Numbers are estimates.

For long description, see slide 64, Appendix F

SOURCE: Adapted from Texas Demographic Center

Special Districts (2 of 5)

The Nature of Special Districts

Special districts make up the fastest-growing form of government in the nation today

transcend the political boundaries and serve larger regions of the state.

Special districts fall under two broad categories: education and non-education.

Special Districts (3 of 5)

The Nature of Special Districts

Education Districts: independent school district (ISD) – the most common form of special district in Texas.

ISD: Local-level limited-purpose government that determines public school policy.

Superintendent: The appointed manager of a public school system.

Special Districts (4 of 5)

The terms property rich and property poor districts refer to the amount of property taxes collected by ISDs.

A majority of the funding comes from property taxes and tuition.

Non-education districts: Most of the funding for non-educational special districts comes in the form of property taxes.

Special Districts (5 of 5)

Councils of Government

Council of government: A regional voluntary cooperative with no regulatory or enforcement powers; it consists of local governments and assesses the needs of the area as a whole.

They have no taxing power and cannot pass laws, rules, or ordinances.

They impose sanctions against any government.

COG often prevents unnecessary duplication of research or work

Figure 11.8 Boundaries of the 24 Texas Councils of Government (COGs)

SOURCE: Adapted from Paul Benson, David Clinkscale, Anthony Giardino (2013), Lone Star Politics, 2e, Pearson Education Ltd.

Table 11.3 Functions of Councils of Governments

Regional services offered by councils of governments are varied. Services are undertaken in cooperation with member governments, the private sector, and state and federal partners and include, but are not limited to, the following functions:

• planning and implementing regional homeland security strategies;

• providing training for all city officials, including managers and council members;

• operating law enforcement training academies;

• promoting regional municipal solid waste and environmental quality planning;

• providing cooperative purchasing options for governments;

• managing region-wide services to the elderly;

• maintaining and improving regional 9-1-1 systems;

• promoting regional economic development;

• operating specialized transit systems; and

• providing management services for member governments.

SOURCE: Adapted from Texas Association of Regional Councils.

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Appendix A (1 of 4)

Long description for Figure 11.1

In the graph, x-axis has selected Texas cities and y-axis has the population from 0 to 150,000 in increments of 50,000. The graph shows the following data:

Conroe

2015: Population, 76,362; people added, 7.8%

2016: Population, 82,286; people added, 7.8%

Frisco

2015: Population, 154,080; people added, 6.2%

2016: Population, 163,656; people added, 6.2%

Appendix A (2 of 4)

Long description for Figure 11.1 (continued)

McKinney

2015: Population, 162,691; people added, 5.9%

2016: Population, 172,298; people added, 5.9%

Georgetown

2015: Population, 63,639; people added, 5.5%

2016: Population, 67,140; people added, 5.5%

New Braunfels

2015: Population, 70,648; people added, 4.7%

2016: Population, 73,959; people added, 4.7%

Appendix A (3 of 4)

Long description for Figure 11.1 (continued)

Cedar Park

2015: Population, 65,922; people added, 4.5%

2016: Population, 68,918; people added, 4.5%

Pearland

2015: Population, 108,726; people added, 4.5%

2016: Population, 113,570; people added, 4.5%

Round Rock

2015: Population, 116,046; people added, 4.2%

2016: Population, 120,892; people added, 4.2%

Appendix A (4 of 4)

Long description for Figure 11.1 (continued)

League City

2015: Population, 98,149; people added, 3.9%

2016: Population, 102,010; people added, 3.9%

Pflugerville

2015: Population, 57,057; people added, 3.8%

2016: Population, 59,245; people added, 3.8%.

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Appendix B (1 of 4)

Long alt text description for Figure 11.2

In the graph, x-axis has selected Texas cities and y-axis has the population from 0 to 2,500,000 in increments of 500,000. The graph shows the following data:

San Antonio

2015: Population, 1,468,037; people added, 24,473

2016: Population, 1,492,510; people added, 24,473

Dallas

2015: Population, 1,297,327; people added, 20,602

2016: Population, 1,317,929; people added, 20,602

Fort Worth

2015: Population, 834,171; people added, 19,942

2016: Population, 854,113; people added, 19,942

Appendix B (2 of 4)

Long alt text description for Figure 11.2 (continued)

Houston

2015: Population, 2,284,816; people added, 18,666

2016: Population, 2,303,482; people added, 18,666

Austin

2015: Population, 930,152; people added, 17,738

2016: Population, 947,890; people added, 17,738

McKinney

2015: Population, 162,691; people added, 9,607

2016: Population, 172,298; people added, 9,607

Appendix B (3 of 4)

Long alt text description for Figure 11.2 (continued)

Frisco

2015: Population, 154,080; people added, 9,576

2016: Population, 163,656; people added, 9,576

Conroe

2015: Population, 76,362; people added, 5,924

2016: Population, 82,286; people added, 5,924

Appendix B (4 of 4)

Long alt text description for Figure 11.2 (continued)

Round Rock

2015: Population, 116,046; people added, 4,846

2016: Population, 120,892; people added, 4,846

Pearland

2015: Population, 108,726; people added, 4,844

2016: Population, 113,570; people added, 4,844.

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Appendix C

Long description for Figure 11.3

The approximate percent data depicted in the graph are as follows:

1950: Rural, 38 percent; urban, 62 percent

1980: Rural, 20 percent; urban, 80 percent

2010: Rural, 13 percent; urban, 87 percent.

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Appendix D

Long description for Figure 11.4

The map shows the following data:

$0 to $500: Many cities in north and central Texas.

$501 to $1,000: Many cities in north and eastern half of Texas.

$1,001 to $2,000: Many cities spread all over Texas.

Greater than $2,000: Too many cities concentrated on the eastern half of Texas.

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Appendix E (1 of 4)

Long description for Figure 11.5

The map shows the following data:

More than negative 5%: Motley, King, Stonewall, Kent, Sterling, and Loving counties.

Negative 5% to 0%: Hartley, Hutchinson, Carson, Armstrong, Donley, Collingsworth, Deaf Smith, Parmer, Castro, Swisher, Hall, Lamb, Hale, Floyd, Cottle, Hardeman, Wilbarger, Cochran, Crosby, Dickens, Archer, Clay, Montague, Red River, Lynn, Haskell, Throckmorton, Young, Jack, Dawson, Fisher, Jones, Shackelford, Mitchell, Eastland, Coke, Coleman, Comanche, Hamilton, Bosque, Coryell, Falls, Crockett, Schleicher, Menard, Sutton, Kimble, Real, Kinney, Terrell, Brewster, Presidio, Jeff Davis, Culberson, Duval, Jim Hogg, Kleberg, Willacy, Morris, Marion, Harrison, Rusk, Anderson, Houston, Trinity, San Augustine, Sabine, Tyler, Jasper, and Newton counties.

Appendix E (2 of 4)

Long description for Figure 11.5 (continued)

0.1% to 4.9%: El Paso, Hudspeth, Winkler, Ward, Reeves, Pecos, Dallam, Sherman, Hansford, Ochiltree, Lipscomb, Moore, Roberts, Hemphill, Oldham, Potter, Gray, Wheeler, Randall, Briscoe, Childress, Bailey, Wichita, Hockley, Lubbock, Knox, Baylor, Yoakum, Terry, Garza, Borden, Scurry, Howard, Nolan, Taylor, Callahan, Runnels, Brown, Cooke, Grayson, Fannin, Lamar, Hunt, Delta, Hopkins, Franklin, Titus, Bowie, Cass, Camp, Rains, Wood, Upshur, Gregg, Smith, Van Zandt, Kaufman, Dallas, Tarrant, Parker, Palo Pinto, Stephens, Erath, Hood, Somervell, Johnson, Ellis, Hill, Navarro, Henderson, Smith, Cherokee, Panola, Shelby, Nacogdoches, Angelina, Polk, San Jacinto, Liberty, Hardin, Harris, Chambers, Jefferson, Orange, Galveston,

Appendix E (3 of 4)

Long description for Figure 11.5 (continued)

Brazoria, Matagorda, Jackson, DeWitt, Karnes, Wilson, Bexar, Gonzales, Lavaca, Wharton, Colorado, Austin, Fayette, Caldwell, Bastrop, Lee, Burleson, Washington, Milam, Brazos, Robertson, Leon, Madison, Grimes, Walker, Freestone, Limestone, Upton, Reagan, Irion, Tom Green, Concho, McCulloch, San Saba, Brown, Mills, Lampasas, Burnet, Llano, Mason, Gillespie, Blanco, Kerr, Bandera, Edwards, Val Verde, Uvalde, Medina, Bexar, Atascosa, Wilson, Victoria, Goliad, Calhoun, Refugio, Bee, Aransas, San Patricio, Nueces, Jim Wells, Live Oak, McMullen, La Salle, Dimmit, Maverick, Zavala, Frio, Webb, Zapata, Starr, Hidalgo, Cameron, and Brooks counties.

Appendix E (4 of 4)

Long description for Figure 11.5

5% to 9.9%: Denton, Collin, Rockwall, Gaines, Andrews, Martin, Ector, Midland, Glasscock, Crane, Kenedy, Fort Bend, Waller, Montgomery, Guadalupe, Comal, Kendall, Hays, Travis, and Williamson counties.

10% and above: Foard county.

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Appendix F

Long description for Figure 11.6

The horizontal axis shows the years from 1992 to 2014 in increments of 1 and the vertical axis shows the number of special districts ranging from 0 to 2,500 in increments of 500.

The graph shows that the number of special districts starts at around 1,150 in 1992, hovers between 1,150 and 1,250 till 1999, rises to around 1,450 in 2005, dips to around 1,300 in 2006, rises to around 1,750 in 2010, dips to 1,700 in 2011, and rises thereafter, reaching 2,000 in 2014.

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