Texas Government (GOVT 2306) - Local Government

1. Local Governments
GOVT 2306
Chapter 3

2. Local Politics in Context
 Cities, counties, and special districts (the grassroots
governments) are limited in their effectiveness by the state’s
antiquated constitution, which was written for a rural
environment.
 Local Governments and Federalism
 Local governments are the units of government that actually
deliver the services thought necessary by most Texans for the
quality of their daily lives: drinking water, transportation, police
and fire protection, public education, and the like.
 Local governments may receive part of their money from the
state or national governments, and they must obey the laws and
constitutions of both.

3. Local Politics in Context
 Grassroots Challenges
 Local governments are facing increasingly diverse challenges while
becoming increasingly diverse themselves.
 Law Enforcement Issues
 Controversies over public schools
 Decaying infrastructures
 Equal access to public services
 Citizens have many opportunities to participate in local government,
but few actually take part.
 Most citizens see local government as less important than national
government.
 However, 80% of all Texans reside in cities and have immediate concerns
pertaining to local government

4. Local Politics in Context

5. Municipal Governments
 Whether taxing residents, arresting criminals, collecting
garbage, providing public libraries, or repairing streets,
municipalities determine how millions of Texans live.
 Legal Status of Municipalities
 The powers of municipal government are outlined and restricted
by municipal charters, state and national constitutions, and
statutes.
 Local voters must decide the legal designation of their city.

6. Municipal Governments
 Legal Status of Municipalities
 General-Law Cities
 A community with a population of 201 or more may become a general-
law city by adopting a charter prescribed by a general law enacted by
the Texas Legislature.
 Limited to governmental structures and powers specifically granted by
state law and the Texas Legislature
 May exercise powers only expressly granted to it
 May acts as the ex-officio judge of the municipal court
 Unless the municipality authorizes the election of a judge by ordinance
 Cannot annex adjacent unincorporated areas without the property
owner’s consent

7. Municipal Governments
 Legal Status of Municipalities
 Home-Rule Cities
 Cities with a population of greater than 5,000 may, by majority vote of
their residents, adopt, amend, or repeal a locally drafted charter.
 Flexibility
 Every home-rule city may determine its own form and powers of city
government, with more flexibility of taxing powers, as long as it does not violate
state laws or the constitution.
 Management
 Home-rule cities are better able to cope with their own particular problems.
Home-rule cities may exercise three powers not held by the state government:
recall, initiative, and referendum.
 Can also set procedures for passing and repealing ordinances
 Can annex adjacent unincorporated property without consent
 Must provide essential services for at least 3 years

8. Municipal Governments
 Forms of Municipal Government
 Strong Mayor-Council
 This form of municipal government provides for a centralized
authority to manage the complex problems of urban areas.
 An elected legislative body (council) and an executive head (mayor) are
elected in a citywide election with veto, appointment, and removal
powers
 Most of the nation’s largest cities use this form of local
government.
 However, only Houston and El Paso, among Texas’s largest
cities, have adopted variations of it.

9. Municipal Governments
 Forms of Municipal Government
 Strong Mayor-Council
 Characteristics of cities operating under this form
 Council composed of members elected from single-member districts
 Mayor elected at large, with power to appoint or remove department
heads
 Budgetary power exercised by the mayor, subject to council approval
before the budget may be implemented
 A mayor with the power to veto council actions

10. Municipal Governments

11. Municipal Governments
 Forms of Municipal Government
 Weak Mayor-Council
 In this system, the mayor is one of several city executives
responsible to the electorate.
 Mayor and council are elected separately, but the mayor shares appointive
and removal powers with the council, which can override the mayor’s veto
 None of the ten largest cities in Texas uses this form of municipal
government.
 Once popular in smaller communities throughout the nation, it is now
being abandoned because of the diffuse executive structure.
 Conroe (Pop. 55,000) still uses this form
 The more power centers there are, the more difficult problem solving
becomes.

12. Municipal Governments
 Forms of Municipal Government
 Council-Manager
 This form of municipal government has become the most popular
among home-rule cities in Texas since it appeared in 1913.
 Over 300 use this form today
 The form prevails in the majority of Texas’s home-rule cities.
 The council appoints a city manager to be responsible for budget
coordination, policy implementation, and managing the city’s
departments.
 A separately elected mayor who presides over the council but
has no other powers may be a part of the structure.
 Similar to a mayor in the Weak Mayor-Council form

13. Municipal Governments
 Forms of Municipal Government
 Council-Manager
 In theory, the form attempts to separate policymaking from
administration
 Council and mayor concern themselves with policymaking
 The city manager concerns him/herself with administration and day-to-
day issues
 Issues
 Grey area in defining the line between policymaking and administration
 Lack of a leader whom citizens can bring concerns
 Mayor is weak, council is numerous, and the city manager is supposed to “stay
out of politics”
 Typically, this form responds well to the elite and middle-class

14. Municipal Governments

15. Municipal Governments
 Forms of Municipal Government
 Commission
 This form of municipal government lacks a chief executive, as
each commissioner has administrative responsibility over a
specific department.
 Ex. Public Safety, Finance, Public Works, Welfare, Legal, etc.)
 No Texas home-rule city currently has a pure commission form of
government, though a few general-law towns and villages have
variations on this structure.

16. Municipal Governments
 Municipal Politics
 Although municipal elections in Texas are nonpartisan,
politics is not eliminated from local government.
 Rules Make a Difference
 All city and special district elections are nonpartisan in Texas.
However, party politics is again becoming important in some city
elections.
 More and more Texas cities are changing from an at-large or place
system to single-member district elections or cumulative voting.

17. Municipal Governments
 Municipal Services
 In the eyes of most citizens and city officials, the major job of city
government is to provide basic services that affect people’s day-
to-day lives:
 police and fire protection, streets, water, sewer and sanitation, and
perhaps parks and recreation.
 Municipalities also regulate important aspects of our lives,
notably zoning, construction, food service, and sanitation.

18. Municipal Governments
 Municipal Government Revenue
 Taxes
 Cities are limited to raising funds from three tax sources:
property, occupation, and sales.
 The two largest tax sources in Texas —sales and property
taxes—are limited by state law.
 1 percent sales tax (collected with the state sales tax)
 Cities also receive a share of some state-collected taxes.
 Cities may implement a half-cent surtax on sales for a designated
function by approval of a majority of the voters.

19. Municipal Governments
 Municipal Government Revenue
 Fees
 Cities may collect a franchise fee from various privately owned public
utilities, fees for issuing certain licenses and permits, and fees for
services provided.
 TABC municipality fees, building permits, franchise fees (based on gross
receipts from telephone and cable TV companies)
 Operation of electric, water, and gas utilties
 Bonds
 Money for capital improvements (such as construction of city
buildings or parks) and emergencies (such as flood or hurricane
damage) often must be obtained through the sale of bonds.
 The Texas Constitution allows cities to issue bonds, but any bond
issue to be repaid from taxes must be approved by the voters.

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