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Chapter 25 |
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The Legacy of Local Government
Texas has more than 4,700 local governments that range greatly in size. Their responsibilities have been assigned by the Texas constitution and statutory law. The prevailing constitutional theory on the relationship of local governments to the state is the unitary system. This theory holds that local governments are the creations of the state. The powers, functions, and responsibilities that they exercise have been delegated or granted to them by the state government, and no local government has sovereign powers. This principle is referred to as the Dillon rule. The Dillon rule is applicable to local governments in Texas which are viewed as creations of the state with only those powers granted to them by the Texas Constitution and statutes.
Local Governments in the Texas Political System
With limited discretionary authority, but with a great deal of responsibility, local governments often find it difficult to respond effectively to the needs of their citizens.
Although the legal position expressed by the Dillon rule subordinates local governments to the state, there are practical and political limitations on what the state can do with local governments. More importantly, the state relies on local governments to carry out many of its responsibilities.
Texas granted cities home rule authority in 1912. Home rule cities have considerable authority and discretion over their own local policies within limits set by state law. Although Texas voters approved a constitutional amendment in 1933 that also gave counties home rule authority, no county established home rule government before the amendment was repealed in 1969.
Texas assigns local school districts the primary responsibility for public education. The state retains responsibility for highways, public welfare, and public health, while cities are responsible for police and fire protection, water and sanitation services, parks, recreation and libraries.
Municipal Government in Texas
More than 80 percent of the state's population lives in urban areas. Texan cities have highly diverse social structures, economies, and historical traditions, and, subsequently, urban politics differ markedly across the state. Five of the ten largest cities have more than 50 percent minority populations, contributing to longstanding controversies over urban electoral systems. Houston, Dallas, and San Antonio are among the 10 largest cities in the United States. By 2000, Houston had a population of 1.95 million; Dallas, 1.19 million; and San Antonio, 1.14 million.
The Texas Constitution provides for two types of cities. Cities with fewer than 5,000 people are designated general law cities and have more restrictions in organizing their governments, setting taxes, and annexing territory than do home rule cities. Cities with more than 5,000 residents are allowed to function as home rule cities, choosing a form of government that satisfies community needs as long as it does not conflict with the state constitution or statutes. Most Texas cities are general law cities.
Forms of City Government in Texas
Texas cities have experimented with three forms of government: mayor-council, city commission, and council-manager. Particular choices reflect complex political dynamics, and as social, economic, and political environments change, cities often change their forms of government.
The mayor-council is the most popular form of municipal government in the state. The legislative function is given to the city council and the executive function lies with the mayor who is elected city-wide. There are both weak and strong mayor forms of this government; most cities in Texas have weak mayors. The city charter determines the mayor's power. The strong mayors are typically found in the larger American cities but only Houston has this form of the largest cities in Texas. The traditional hostility and distrust of government helps to make this form unpopular. Typically, cities with strong mayors have higher paid mayors and city council persons.
The city commission form of government originated in Galveston after the devastating hurricane of 1900. This type combines the legislative and administrative functions into the offices of five city commissioners. This form of government has declined, however, with the rise of the council-manger system. One of the problems with this form is that there is no one person in charge, and commissioners are elected as policy makers not administrators.
The council-manager form of government is another reform influenced development in city government. Both Dallas and San Antonio have adopted this form of government. The council-manager government has professional city management, nonpartisan city elections and clear distinction between policy making and administration. The position of the mayor varies by city; in some cities the mayor is simply chosen from the elected council to preside at meetings, but in other cities the mayor is elected on their own city wide thus giving the position more power. While the council sets policies, they hire a full-time city manager to administer the government day-to-day. The manager is typically well paid for his/her work. The manager's effectiveness depends upon their relationship with the city council, their ability to develop support for their recommendations, and the overall perception of their financial and managerial skills.
Municipal Election Systems
A notable feature of city politics in Texas is the widespread use of nonpartisan, at-large elections. In homogeneous communities, these election systems appear to work quite well. But in communities with highly diverse racial, economic, and social groups--in which voting is often polarized--at-large elections adversely affect key segments of the population. Prompted by legal attacks on at-large elections under the Voting Rights Act, many cities, as well as special purpose districts, have adopted single-member districts, thus increasing minority representation on local government bodies. The ethnic and racial composition of city councils has changed dramatically over the past twenty years, with a marked increase in the number of Hispanics and African Americans elected to these governing bodies.
City Revenues and Expenditures
Texas cities have growing financial demands but limited financial options. City governments depend disproportionately on regressive taxes which impact the poor more than the well-to-do. Moreover, the state of Texas limits cities in the property taxes they may impose and allows citizens to seek a rollback election to nullify any tax increase. Municipal construction projects are financed by general obligation bonds, which are subject to voter approval. Cities also issue revenue bonds payable solely from the revenues derived from an income-producing facility. Cities also use fees on services such as water and sewage.
Urban Problems in Texas
During the 1970s and early 1980s, Texas cities participated widely in the economic growth of the state. Since then, however, adverse economic trends brought many of the problems associated with older urban areas outside Texas: the graying of Texas cities, "white flight" to the suburbs, declining infrastructures like roads and bridges, and crime and urban violence. In addition, increasing numbers of federal and state mandates compels local governments to spend more money -- usually without additional monies from the federal government.
County Government in Texas
Texas has 254 counties, more than any other state. Initially created to serve a rural population, county governments function primarily as administrative subdivisions of the state. All counties function under the same constitutional restrictions and basic organizational structure despite wide variations in population, local characteristics, and public needs. Much like state government, county government is highly fragmented, with administrative powers shared by a variety of elected officials.
The commissioners court is the governing body of the county but shares this power with elected officials. The court has no judicial functions. The court is comprised of a county judge, who is elected county wide, and four commissioners elected in precincts. The county judge presides over the court, and votes; the judge can also appoint commissioners to fill vacancies. In rural counties the judge may perform judicial functions as well as an executive role.
There are additional county political officers. The elected county clerk serves as the clerk for the commissioners court, the county courts, and the district court. The office also maintains the vital records of the county and serves as the county's chief elections administrator. In all but 53 counties there is an additional elected district clerk to assist the district court in maintaining its record. The state's legal interests are represented by the county attorney and the district attorney. Since property taxes are the primary source of revenue at the local level, the county tax-assessor-collector is an important position; this office determines how much tax is owed and collects the taxes. Since the 1970s the state has required each county to create an appraisal district separate from the tax office. In small rural counties the chief law enforcement officer is the sheriff who is elected county-wide, while in urban areas his powers are often relegated to unincorporated areas of the county. Constables are elected within precincts in the county and their primary function is to serve as administrative officers of the justice of the peace courts. Counties can create a medical examiners office. Counties with 10,000 or more people are required to have a county auditor who is appointed by the commissioners' court. This position reviews all the bills and expenditures. In many counties the office of treasurer has been eliminated.
Criticisms of County Government
There is wide disparity in the way counties interpret and administer their functions. Counties rely on the property tax, like local governments, and are restricted in their financial ability to meet new social problems. They are also burdened with the heritage of the county courthouse spoils system and lack of a merit system for employment.
Special Districts in Texas
Special purpose districts provide numerous public services and add to the fragmentation of local government. There are approximately 3,300 such governments across Texas including drainage districts, navigation districts, fresh water supply districts, river authorities, underground water districts, sanitation districts, housing authorities, soil conservation districts, school districts, and others. These districts are governed by boards either elected or appointed by other governmental units. Many have taxing and spending authority. Special districts were mainly used originally to provide education in a non-partisan setting but they also are used to provide a particular governmental service. Most people know little about their jurisdiction, structure, functions, and leadership, making them the 'invisible governments' of Texas
Independent School Districts
The independent school district is the basic organizational structure for public education in Texas. It has its origins in the Constitution of 1876. Initially, the city governments served as the school board, but in 1879 school districts were permitted to organize independently of the city or town, elect their own boards of trustees, and impose their own school tax and hire a superintendent. Texas has more than 1,000 independent school districts, which are working to improve the quality of education against a backdrop of social, cultural, and financial problems.
Councils of Government
Texas has twenty-four regional councils of government (COGs), which were created in compliance with federal law to coordinate policy planning efforts of government in multi-county areas. By 2002, more than 2,000 counties, cities, school districts, and other special districts were members of COGs. Councils of Government are regional planning commissions composed of representatives of other governments in a defined region of the state. Created by the Texas Regional Planning Act of 1965, COGs have evolved over the years to treat not only local planning but also planning for employment and job training, criminal justice, economic development, health, aging, early childhood development, and other policies. Councils of government decide the composition and structure of their governing bodies, and they function primarily to serve the needs of their members.
Solutions to the Problems of Local Government
Local governments are experimenting with a variety of techniques to deal with their problems. Cities have used their annexation powers and extraterritorial jurisdiction to expand their tax bases and exercise limited controls over development in adjacent areas. Cities are also using public improvement districts to permit targeted areas to impose additional taxes for needed services. Both counties and cities are privatizing governmental functions to decrease costs and increase efficiency. Inter-local contracting permits governments to provide services to each other on a contractual basis, and many counties and cities are engaged in aggressive economic development programs. Some people advocate governmental consolidation, but there is limited support for this alternative in Texas. Public improvement districts (PIDs) can be created in specific areas of a city in order to undertake improvements paid for by the property owners in special taxes within the district.
Chapter Objectives
After mastering the concepts in this chapter, you will be able to
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