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Case Study: Captain Edith Strong
Captain Strong is the commander of a Field Operations Division
in the City of Rogerville that has a population of 101,603, and
the community covers 65.4 square miles. Captain Strong has
worked her way up through the ranks achieving the position of
captain after 18 years of service. She is the first woman to hold
this high of a position in the department. Prior to this she
served as Lieutenant of Administrative Services. The
preponderance of her service has been in patrol, where she
served as a sergeant and then a watch commander.
Within the department, 65 percent of the officers are white, and
the next largest ethnic group is Hispanic, at 27 percent. Seven
percent of the force is women. Based on tradition and
operational policy, the department has a definitive chain of
command and is keyed to job specialization. Patrol officers are
assigned to a specific beat and respond to calls, conduct
preliminary investigations (when minor crimes are involved),
and engage in preventive patrol when time allows. The Bureau
of Criminal Investigations conducts all other investigations. Job
descriptions are definitive, and everyone follows them
religiously. Deviation from a job description results in
immediate supervisory action that usually calls for being
written-up. The Division handles 62 percent of the police
department’s measurable workload and has 58 percent of the
manpower.
Within the Division, there is a lieutenant who serves as an
adjutant, three lieutenants who serve as watch commanders, a
traffic sergeant who supervises six officers, a sergeant who
supervises the Neighborhood Police unit that has a complement
of 10 officers, three school resource officers, and 71 patrol
officers. Officers in the specialized assignment have higher
morale and seem well satisfied with their assignments. They
have an opportunity to interact with each other and create
meaningful and satisfying relationships. Almost all patrol
officers feel that their workload is excessive and complain that
all they do is go from one incident to the next and spend an
inordinate amount of time creating police reports. In fact, they
feel that they are unable to complete their preliminary
investigations and in many instances have to cut corners in
order to complete a shift. Except for backup in certain cases,
they never get to interact with fellow officers apart from
coming and going to roll-call sessions. Every patrol officer in
the department works solo, and departmental police prohibits
more than two officer eating meals or taking coffee breaks at
the same time in the same restaurant.
The dehumanizing aspect of an excessive workload has taken its
toll on the personnel assigned to the patrol division. A survey
conducted by a member of the chief’s staff indicates that patrol
officers feel in the following ways:
1. The job is viewed as dissatisfying.
2. Morale is low.
3. Response time is long.
4. The number of citizen-initiated complaints is up.
5. More officers are filing disability claims.
6. Employee turnover is exceeding projections.
The situation has become critical and imperils the division’s
ability to function efficiently, effectively, and productively and
has to be dealt with as soon as possible.
The solution is to design a program that meets the needs of both
the department and the employees.
What philosophical approach do you believe Captain Strong
should take in carrying out this project? What specific
motivational strategies would you recommend that she
consider? Would E.R.G. theory be applicable in this instance.?
Why or why not? Give several concrete examples. Would job
enlargement or job enrichment be applicable in this case?
Explain.
Summary
Management can be defined as getting things done with and
through the efforts of others. Thus, it is the police
administrator’s job to create an environment within which
professional employees motivate themselves. This can be done
by establishing a concrete link between appropriate job
behavior and meaningful rewards. Motivation is
a psychosocial process. It produces an attitude that generates
actions that lead to anticipated results. All other things being
equal, well-motivated police officers are more efficient,
effective, productive, and satisfied than unmotivated ones.
Most motivation theories are based on the assumption that
psychosocial tensions caused by intrinsic and/or extrinsic
factors are translated into human needs. Needs elicit
instrumental behaviors that are designed to reduce the tension.
Of course, different needs generate different and unique
adaptive responses. The intensity of a felt need (or needs)
activates and energizes people as they interact with one another
in the workplace.
Abraham Maslow’s “progression” theory of employee needs is
one of the best-known content theories. As a positive
humanistic theory of motivation, it stresses the importance of
both biological drives and psychosocial needs. According to
Maslow, five basic human needs activate, fuel, and shape the
internal drive to overcome inertia affiliated with the status quo.
He classes them as physiological (survival) needs, safety
(security) needs, belonging (social) needs, self-esteem (ego)
needs, and self-actualization (fulfillment) needs.
While Maslow’s theory has a great deal of humanistic appeal,
there is simply no consistent evidence to prove his contention
that satisfying a human need at one level actually decreases the
motivational importance of that need so that the satisfaction of
a person’s needs is a process that becomes less and less
concrete as time goes on. Consequently, some motivation
theorists have attempted to modify the hierarchy of needs
concept to make it more realistic in terms of its application to
goal-oriented behavior. Clayton Alderfer’s “E.R.G.”
(existence/relatedness/growth) theory has become one of the
better-known content theories. Alderfer developed his E.R.G.
theory in an effort to simplify Maslow’s hierarchical model.
E.R.G. collapses Maslow’s five human need categories into just
three and contends they are active in all human beings.
Taking his cue from Maslow and other content theorists,
Douglas McGregor developed a different humanistic theory of
management. It is based on two distinct sets of assumptions
about human nature (he called them Theory X and Theory Y)
and the idea that managers tend to fall into one of two groups
depending on which of the two assumptions they make about
their employees. Theory X (the traditional approach to
direction, control, and management) is based on a negative view
of people. Theory Y (a more modern humanistic view) sees
people as innately motivated and improvable. According to
McGregor, managers organize, control, and attempt to motivate
employees based on one or the other of these assumptions.
Frederick Herzberg developed another view of human needs.
His “motivation-hygiene,” or “two-factor,” theory was
originally derived from an analysis of critical incidents reported
by 200 engineers and accountants. They were asked to describe
the times when they felt exceptionally good and exceptionally
bad about their jobs. Based on the different things respondents
identified as sources of satisfaction and dissatisfaction in their
work, Herzberg identified two themes characteristic of all jobs:
(1) “maintenance” or “hygiene” factors and (2) “motivational”
factors.
The motivation theories discussed in this chapter fall into two
very distinct categories: (1) content theories and (2) process
theories. Content theories attempt to explain
exactly what motivates people to act as they do in a given set of
circumstances.Process theories, on the other hand, deal
with how people are motivated. While none of these theories
provides a complete explanation of motivation or the motivation
process, they tend to supplement one another and provide the
police administrator with a comprehensive perspective on this
very complex psychosocial phenomenon.
Police administrators today must come to grips with one simple
fact of life—they are dealing with a new breed of employee.
Modern police personnel are more sophisticated than their
predecessors. They are better educated, more participative, and
much less resistant to change. They demand respect and expect
to be treated as professionals. While money is still a magical
word in the police subculture, it has a much different meaning
than it did a generation ago. Salaries and fringe benefits have
been improved to the point where more money, in and of itself,
no longer serves as the primary motivator in many agencies
while other agencies lag behind in salaries and benefits. Police
officers demand more than just money. Most of them want to do
meaningful work that meets their conscious and subconscious
higher-order needs for growth, self-esteem, and a sense of
fulfillment.
Discussion Topics and Questions
1.
What do social scientists mean when they say that all human
behavior is caused? Why is this important to the study of
motivation?
2.
Define the term motive. What are the basic steps in the
motivation process, and what role do motives play in this
process?
3.
Explain the difference between content theory and process
theory. Why is this distinction important? Are these theories
mutually exclusive?
4.
Explain Maslow’s hierarchy of needs, and show how this theory
has been factored into other major content theories. What
contribution did the Hawthorne experiments make to Maslow’s
thinking?
5.
What, from Herzberg’s perspective, is the difference between a
hygiene factor and a motivator? Give an example, and explain
why poor hygiene leads to dissatisfaction but good hygiene does
not serve as a motivator.
6.
Discuss the basic assumptions on which the Theory X and
Theory Y continuum is built. How does the theory’s self-
fulfilling prophecy influence job performance? Is Theory Y
always superior to Theory X? Explain your answer.
7.
What are the five elements in expectancy theory? What do
expectancy theorists mean when they say that the three key
elements interact multiplicatively to determine the intensity of
motivation? Give an example.
8.
How do people ordinarily adapt their job behavior to
compensate for a perceived inequity in the way they are being
treated vis-à-vis others in the workforce? What can police
administrators do to control the equity dynamic in their work
unit?
9.
Identify the major strategies—beyond “more money”—that have
developed for motivating police officers. What do you feel
would be best for motivating police personnel? Why?
For Further Reading
Andrew J. Elliot and Carol S. Dweck, eds., Handbook of
Competence and Motivation (New York: The Guilford Press,
2007).
This handbook is a comprehensive resource for researchers and
theoreticians on the broad topic of achievement motivation. Its
primary focus is on the concept of competence. There are 35
chapters in the text, and they consider a wide range of features
from contextual influences to the self-regulatory processes.
They view competence as an innate, pancultural, and
psychological need from a number of disciplines to include
social-psychological psychology, industrial-organizational
psychology, and developmental perspectives. With its focus on
competence, a foundation is laid for a rapprochement between
the cognitive, rational world of the individual and one’s self-
protective, defensive tendencies. It is generally conceded that
the handbook represents a signal contribution to the field of
achievement motivation. The text takes the position that it is
readily apparent that the role of competence is playing an
influential role in achievement motivation.
Kenneth W. Thomas, Intrinsic Motivation at Work—Building
Energy and Commitment (San Francisco, CA: Berrett-Koehler
Publishers, 2002).
The author presents a broad conceptual framework for
understanding intrinsic motivation and discusses why it is an
essential component in today’s working environment.
Consideration is given to the need for intrinsic rewards as well
as the need to move away from the rational–economic ways of
the past. The writer lays a foundation for this new model of
viewing rewards and introduces the concept of self-management
in pursuit of purposes and clearly identifies the steps needed to
become involved in self-management. The text reviews the four
intrinsic rewards that come from and energize the self-
management steps: a sense of meaningfulness, choice,
competence, and progress. There is also a discussion of the
leadership role needed to energize individuals on a work team
as well as a presentation on how to enhance one’s intrinsic
rewards.
Stewart Liff, Managing Government Employees (New York:
AMACOM, 2007).
The author believes that the overwhelming majority of
individuals want to do a good job. At the same time, an
organization needed a solid system and control if the agency is
to be successful. This approach uses control variables
positively, not punitively. With this perspective of employees, a
manager can maintain a consistent set of core values. The
author believes that the more you treat employees as valued, the
more they will do a good job. It is also suggested that
employees want to be part of a winning organization, but they
must be given freedom not controlled, included not excluded,
and provided with a meaningful role so they can contribute to
the organization. The author also believes that a manager should
always treat employees with respect, and this can be done by
sending positive messages to people to include treating people
ethically.
Charles B. Handy, Understanding Organizations, 4th ed. (East
Rutherford, NJ: Penguin Global, 2005).
In its 4th edition, this text has been tested and found to be an
excellent addition to the literature on organizations. Charles
Handy discusses numerous key concepts to include the
following: culture, motivation, leadership, power, role playing,
and groups. He believes that organizations are not simple
charts, but in reality they can best be described as micro-
societies. He reviews the tools needed to analyze and improves
these micro-societies, which in turn would be useful to law
enforcement administrators. The chapter on motivation is
comprehensive and leaves the reader with a great deal of food
for thought. Of additional usefulness are the chapters on power
and leadership, and he does an excellent job of linking them to
organizations in term of their impact. The cultural concepts he
reviews are useful in organizational analysis, and he very
adequately describes their relationship to the organization
during times of change.
I. Local Politics in Context
We must understand American federalism to put cities, counties,
and special
districts (the grassroots governments) in the proper context.
A. Local Governments and Federalism
Local governments are the units of government that actually
deliver the
services deemed 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 (Dillon’s Rule). Because the
territories of
local governments often overlap, federalism (intergovernmental
relations) is important to understand.
B. Grassroots Challenges
Local governments are facing increasingly diverse challenges
while
becoming increasingly diverse themselves. 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.
State and
Local Levels?
I I . M u n i c i p a l G o v e r n m e n t s
Whether taxing residents, arresting criminals, collecting
garbage, providing
public libraries, or repairing streets, municipalities determine
how millions of
Texans live.
A. 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.
• General-Law City: 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.
• Home-Rule City: A city with a population of greater than
5,000
may, by majority vote of their residents, adopt, amend, or repeal
a locally drafted charter.
o 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.
o 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.
B. Forms of Municipal Government
Four principal forms of municipal government are in operation
in the
United States and in Texas.
1. Strong Mayor-Council. The strong mayor-council form of
municipal government provides for a centralized authority to
manage the complex problems of urban areas. Most of the
nation’s largest cities use this form of local government.
However, only Houston and Pasadena, among Texas’s largest
cities, have adopted variations of it.
2. Weak Mayor-Council. In the weak mayor-council form, the
mayor is one of several city executives responsible to the
electorate. 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. The more power centers there are,
the more difficult problem solving becomes.
3. Council-Manager. The council-manager form of municipal
government has become the most popular among home-rule
cities in Texas since it appeared in 1913. The council appoints a
city manager to be responsible for budget coordination and
policy implementation. A separately elected mayor who presides
over the council but has no other powers may be a part of the
structure. The form prevails in the majority of Texas’s home-
rule
cities.
4. Commission. The commission form of municipal government
lacks a chief executive, as each commissioner has
administrative
responsibility over a specific department. 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.
C. Municipal Politics
Although municipal elections in Texas are nonpartisan
elections,
politics is not eliminated from local government.
1. 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 election or place
system to a single-member district election or cumulative
voting system.
City
Council Members and the Mayor?
2. Socioeconomic Changes. Texas’s increasing levels of
urbanization, education, and economic development have made
the state more diverse, economically, culturally, and politically
(more pluralist in political science terminology). For example,
there are more Latino elected officials in Texas than in any
other
state, with most of them serving at the local level.
D. 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.
-Win: A Tale of Two Internships
E. Municipal Government Revenue
Municipal governments may raise funds from a variety of
sources
including taxes, fees, and borrowing.
1. Taxes. Cities are limited to raising funds from three tax
sources:
property, occupation, and sales. The two largest tax sources in
Texas—the sales and property tax—are limited by state law.
Cities also receive a share of some state-collected taxes.
2. 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.
3. 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
municipal bonds. The Texas Constitution allows cities to issue
bonds, but any bond issued to be repaid from taxes must be
approved by the voters.
4. Property Taxes and Tax Exemptions. Property owners pay
taxes on the value of their homes and businesses not just to the
city but to the county, the school district, and often other
special
districts.
5. The Bottom Line. In response to pressure against raising
property tax rates, municipal governments sometimes refrain
from increased spending, cut services or programs, or find new
revenue sources.
F. Generating Revenue for Economic Development
Following a national trend, some Texas cities are trying to spur
development by attracting businesses through tax incentives.
Some cities
have created tax reinvestment zones (TRZs) that promise to
produce
revenue at some date in the future through tax increment
financing. This
is due to the fact that state and federal appropriation to assist
cities are
shrinking, which is another example of the important role
federalism
plays.
Local
Levels?
I I I . C o u n t i e s
Counties are an interesting set of contradictions. They are
technically an arm of
the state, created to serve its needs, but both county officials
and county residents
see them as local governments and resent any state
“interference.”
A. Structure and Operation
Almost every county official is directly elected by the people
and serves
a four-year term. Their elections are partisan, and there are no
term
limits. All of the 254 counties in Texas have the same structure
regardless of size or population. A few counties have been able
to make
small changes through constitutional amendments. Governing
power is
decentralized in all counties.
1. Commissioners Court. The Commissioners court consists of a
county judge (elected at large) and four commissioners (each
elected from a single-member district). The court is staggered,
with two commissioners voted in every two years. Despite the
use of the term court, there is no judicial function. Its major
function is to adopt the county budget and set tax rates. It is
also
responsible for conducting elections, and many commissioners
serve as road and bridge commissioner in their precincts.
2. County Judge. The county judge is the most prestigious
officer
of the county. The judge fills vacancies in the commissioners
court and may act as county budget officer. The judge has
essentially no formal authority over other elected county
officials. The county judge also presides over the county
court—
a law court that tries certain criminal misdemeanors, smaller
civil, and probate cases. There is no requirement that the county
judge be an attorney—simply that he be learned in the law (See
Chapter 10).
3. County Attorney and District Attorney. The county attorney
is the chief legal officer of the county (unless there is a resident
district attorney).
4. County Sheriff. The county sheriff is the chief law
enforcement
officer who is also responsible for the county jail and the hiring
of deputies. In practice, the sheriff’s office commonly focuses
on
crime in unincorporated areas and leaves law enforcement in
cities primarily to the municipal police.
5. Law Enforcement and Judges. Counties
have
a
number
of
officials
associated
with
the
justice
system.
The
judicial
role
of
the
constitutional
county
judge
varies.
In
smaller
counties,
the
county
judge
may
exercise
considerable
judicial
role,
handling
probate,
small
civil
cases,
and
serious
misdemeanors.
In
addition
to
the
sheriff
and
county
and
district
attorneys
discussed
above,
there
are
the
district
court
clerk,
justices
of
the
peace,
and
constables.
The
district
court
clerk
maintains
records
for
the
county
and
district
courts.
6. County Clerk and County Tax Assessor-Collector. The
county clerk keeps records and handles various paperwork
chores for both the county court and the commissioners court.
They also file legal documents (such as deeds, mortgages, and
contracts) in the county’s public records and maintain the
county’s vital statistics (birth, death, and marriage records).
The
county tax assessor-collector is responsible for the collection of
the county property tax and certain state fees, including the
license tag fees for motor vehicles.
7. Treasurer and Auditor. The county treasurer receives and
pays out all funds authorized by the commissioners court. The
county auditor is involved with checking the account books of
all county officials to determine if county funds were spent in
accordance with the law.
B. County Finance
The county’s ability to tax and, to a lesser extent, to spend is
limited by
the state constitution.
1. Taxation. The Texas Constitution authorizes county
governments to collect taxes on property, and that is usually
their
most important revenue source. Although occupations may also
be taxed, none of the counties implement that provision.
2. Revenues from Nontax Sources. Counties receive small
amounts of funds from various sources that add up to an
important part of their total revenue, including federal grants-
in-
aid, vehicle motor taxes and fees, revenue from liquor sales, and
revenue from traffic fines.
3. Tax Incentives and Subsidies. Like cities, a commissioners
court may grant tax abatements (reductions or suspensions) on
taxable property, reimbursements (return of taxes paid), or tax
increment financing (TIF; the use of future gains in property
value to finance current development projects) to attract or
retain
businesses.
4. The Bottom Line. Despite various revenue sources, Texas
counties, like other units of local government, are pressured to
raise property taxes or to balance their budgets by eliminating
or
reducing programs and services.
5. Expenditures. The state restricts county expenditures in
certain
areas and mandates spending in others. Yet patterns of spending
vary considerably from county to county. The biggest variation
is between rural and metropolitan counties. Smaller counties
spend a large portion of their budget on public safety and roads
and little on social services and urban amenities in comparison
to
larger counties.
C. County Government Reform
Texas counties suffer various problems: rigid structure and
duties fixed
in state constitution and statutes; inefficiency related to too
many elected
officials and the lack of merit systems for hiring employees;
and too little
money. One often-suggested reform is county home rule to give
counties
more ability to organize and operate in accordance with local
needs and
wishes. While that would allow counties to better meet
community
demands, research suggests that it tends to increase county
spending.
Texas is one of thirteen states that does not grant home rule to
counties.
D. Border Counties
In recent years, there has been unprecedented population growth
in
Texas’s counties near the Rio Grande because of the North
American
Free Trade Agreement (NAFTA) and immigration. The counties
along
the Mexican border area between El Paso and Brownsville are
among the
most impoverished places in the country and reside in colonias,
which
are depressed housing settlements often without running water
or even
sewage systems. The border counties are ill-equipped to deal
with the
challenges they face, including illegal immigration, colonias,
drug
trafficking, and drug-gang violence from Mexico.
I V . S p e c i a l D i s t r i c t s
Special districts are created by an act of the legislature or, in
some cases, by
local ordinance and usually have a single function. They fall
into two categories:
school districts and noneducation special districts.
A. Public School Districts
Independent school districts (ISDs), locally elected boards that
exercise powers conferred on them by the Texas legislature,
constitute
the most numerous of the special districts. The board hires the
school
superintendent, who is responsible for the district’s education.
In keeping
with the individualistic political culture that dominates the state
of Texas,
school boards have been given increased local autonomy over
some
decisions since 1995. However, school districts are governed by
the
Texas Education Agency and the federal government as well. As
a result,
school districts can make local educational policy, but must
keep it
within the context of the substantial limits, mandates, and
influences that
come from the state and federal governments.
B. Junior or Community College Districts
There are fifty junior college or community college districts,
some
with multiple campuses. These institutions provide the first two
years of
college as well as various technical and vocational programs
and
traditionally charge a lower tuition rate than four-year schools.
A locally
elected board of trustees sets the property tax rate, issues bonds,
and
approves the budget. Community colleges, like state universities
and
technical colleges, are funded by state appropriations, tuition
and fees,
and small amounts of federal aid and private donations.
C. Noneducation Special Districts
Texas has almost 2,300 noneducation special districts that have
been
created for the following areas: water, sewage, parks, irrigation,
housing,
fire protection, and the like. There are a variety of reasons why
Texas has
so many special districts, but three stand out: (1) some problems
cut
across city and county boundaries; (2) challenges of taking on
new tasks;
(3) personal profit.
V . M e t r o p o l i t a n A r e a s
Approximately 88 percent of the population of Texas lives in
metropolitan areas.
Metropolitan problems are increasing because of this rapid
growth in population.
One way to deal with areawide problems would be metro
government
(consolidation of local governments into “one umbrella”
government for the
entire metropolitan area).
A. Councils of Governments (COGs)
Councils of Governments (COGs) are voluntary organizations
composed of representatives of local governments organized to
perform
regional planning activities and deliver services requested by
local
governments. Membership may be necessary or helpful in
obtaining state
or federal grants. COGs also provide a forum for local
government
leaders to share information and coordinate their efforts.
B. Municipal Annexation
In 1963, the Texas Legislature enacted a municipal annexation
law that
gave cities extraterritorial jurisdiction (ETJ), which meant they
have
limited authority outside their city boundaries. As a result, state
law
allows cities to annex territory beyond their corporate limits.
This has
become controversial as cities annex unincorporated areas.
V I . C o n c l u s i o n
Local governments and the policies they implement play a huge
role in the day-to-day lives
of Texans. However, what local governments do is heavily
shaped by formal rules,
I. The American Federal Structure
Federalism provides a system of government that allows the
states to function
with a great deal of independence while a national authority
meets the needs of
the union of states. It came about as a compromise between
unitary and
confederal systems.
A. Distribution of Powers
The powers that belong to the states are not equal to those
powers
residing in the national government. The Constitution also
contains a
national supremacy clause that further limits the states’ powers.
1. Constitutional Powers of the National Government. The
powers that rest with the national government are stated in or
implied by the Constitution. Delegated powers are outlined in
Article I, Section 8, including: regulating interstate and foreign
commerce, borrowing and coining money, declaring war, and
levying and collecting taxes, to name a few. The implied powers
are found here as well.
2. Constitutional Guarantees to the States. Constitutional
guarantees have been granted to the states by the U.S.
Constitution including guaranteed representation in the U.S.
Congress, participation in the electoral college, a role in the
amendment process, and a guarantee of protection by the U.S.
Government.
3. Constitutional Limitations on the States. In Article I, Section
10, the Constitution limits states’ powers in many areas. States
may not coin money, enter into treaties with foreign nations, or
levy duties on imports to name a few.
College
Integration
B. Interstate Relations and State Immunity
Article IV of the Constitution pertains to relations among and
between
the states, and the Eleventh Amendment affects federal-state
relations.
Two important clauses are found in Article IV including the
privileges
and immunities clause and the full faith and credit clause. The
privileges and immunities clause guarantees that persons from
one state
are entitled to the same privileges and immunities as citizens of
the state
they are visiting whereas the full faith and credit clause
guarantees that
official actions of one state, with the exception of criminal
cases, must be
recognized and honored by all other states. The Eleventh
Amendment
offer states limited sovereign immunity including protections
for states
from being sued by their own citizens, or those of another state,
without
its consent, and from being sued by state employees for
violating federal
law.
C. State Powers
The reserved powers of the states are not defined, and these
powers are
in a constant state of flux. In recent years, the national
government has
returned more responsibilities to the states. Broad categories of
state
powers include police power, taxing power, proprietary power,
and the
power of eminent domain.
D. Federal-State Relations: An Evolving Process
The relationship between the national and state governments has
dramatically changed over the 200-plus-year history of our
nation.
Periods of time reflect an expansion or decline of the federal
government
while also reflecting Texas’s assertion of Tenth Amendment
rights.
Federal grants-in-aid have been used by the federal government
to
increase the national government’s influence on state
policymaking.
However, during the presidencies from Clinton to George W.
Bush,
Congress has increasingly abandoned categorical grants in favor
of block
grants. This resulted in a decline of national control over state
governments referred to as devolution.
I I . T h e T e x a s C o n s t i t u t i o n : P o l i t i c s o f P
o l i c y m a k i n g
The seventh constitution of the state was ratified in 1876; it
spells out in minute
detail the powers and limitations of government. This detail has
necessitated
continued revision of the document. As a result, the Texas
Constitution has
become cumbersome and outdated. In fact, by the end of 2012,
it had been
amended by no fewer than 474 amendments and had grown to
more than 87,000
words.
A. Historical Developments
The constitutional development of Texas is closely tied to the
historical
development of the state.
1. The First Six Texas Constitutions. Texas had six
constitutions
between 1827 and 1875. The Coahuila y Tejas Constitution of
1827 was in force when Tejas was a state in Mexico. A new
constitution was drafted in 1836 when Texas declared its
independence from Mexico and became its own republic. In
1845 another constitution had to be drafted when Texas was
annexed by the United States and became a state. Just 16 years
later, Texas seceded and joined the Confederate States of
American resulting in yet another constitution in 1861. After
the
confederates lost the war, Texas, and other confederate states
were forced to draft new constitutions, which resulted in the
1866 Constitution being ratified. In 1869, the Radical
Republicans in the U.S. Congress set aside the state’s
government and Texas was forced to draft yet another
constitution.
2. Drafting the Constitution of 1876. The spirit of economy in
government plus zeal to undo the policies of the Davis
administration permeated the convention, which was composed
of a variety of groups but dominated by agrarian interests,
namely the Texas Grange. Although it has been amended more
than 474 times, this is the constitution that currently governs
our
state. Readers will find that the authors of this constitution
strove
to limit government powers in a myriad of ways.
3. Distrust of Government and Its Legacy. The framers sought
to
limit policymaking by placing many restrictions in the state’s
fundamental laws. The general consensus of the time held that a
state government could exercise only those powers listed in the
state constitution. Therefore, instead of being permitted to
exercise powers not denied by the U.S. Constitution, Texas
lawmakers are limited to powers spelled out in the state’s
constitution.
B. Today: After More Than a Century of Usage
The Texas Constitution of 1876 is fraught with problems
including its
excessive length. Moreover, its wording and use of legal
terminology has
made it difficult for citizens to understand. However, despite
these
problems, it has lasted for more than 150 years.
Amendments?
I I I . C o n s t i t u t i o n a l A m e n d m e n t s a n d R e v i
s i o n
Changes in the state constitution were proposed soon after its
adoption. The
constitutional amendment process is as follows: Amendments
are proposed by
a two-thirds vote of the total membership of each house and
ratified by a majority
of those voting in the election. Historically, voter turnout for
constitutional
amendment elections is very low, particularly in off-year
elections.
A. Constitutional Revision
While attempts to revise the Texas Constitution of 1876 began
soon after
its adoption, the most comprehensive movement to achieve
wholesale
constitutional revision was initiated by the legislature in 1971.
The
Constitutional Revision Commission appointed members drafted
a
constitution and submitted it to the legislature, which was
sitting as a
Constitutional Revision Convention. Battles over controversial
issues
and lack of positive leadership doomed the revision efforts in
1974. The
final deathblow came with the failure to reach agreement on the
issue of
the right-to-work status. In 1975, voters overwhelmingly
defeated the
revision effort, which was first defeated at the convention.
B. More Revision Attempts
Drafts of revisions to the constitution were prepared by then
Sen. John
Montford in 1995 and by Sen. Bill Ratcliff and Rep. Rob Junell
in 1998.
Neither received serious legislative consideration. In 2011,
Representative Charles Anderson asked the leadership in the
legislature
to create a joint committee to examine a reorganization of the
state
constitution. His proposal was never brought up for a vote.
point: Should the Texas Constitution Be
Rewritten?
C. Piecemeal Revision
Several portions of the rejected revision proposals have been
added to
the constitution through amendments. To modernize the Texas
Constitution, one constitutional amendment adopted in 1999
authorized
elimination of certain “duplicative, executed, obsolete, archaic
and
ineffective provisions of the Texas Constitution.” Despite these
piecemeal revisions, the Texas Constitution continues to be
problematic.
I V . T h e T e x a s C o n s t i t u t i o n : A S u m m a r y
A. The Bill of Rights
Basic rights are protected by both the national and state
constitutions.
The Texas Bill of Rights, with its thirty sections, contains some
protections not found in the federal Bill of Rights including
equal rights
for women and the rights of crime victims. Unlike the national
constitution, the Texas Constitution lists its Bill of Rights at the
beginning of the document.
1. Constitutional Rights against Arbitrary Governmental
Actions.
Eleven of Article I’s sections provide protections for people and
property against arbitrary governmental actions. Guarantees
such
as freedom of speech, press, religion, assembly, and petition are
included.
2. Rights of Criminals and Victims. Thirteen sections of the
Texas Constitution’s Bill of Rights relate to the rights of
persons
accused of crimes and to the rights of individuals who have
been
convicted of crimes. An additional set of rights added by
constitutional amendment in 1989 guarantees the “rights of
crime victims.”
3. Equal Rights for Women. The Texas Equal Legal Rights
Amendment (ELRA) was added to Article 1, Section 3, of the
Texas Constitution in 1972. It states: “Equality under the law
shall not be denied or abridged because of sex, race, color,
creed
or national origin.”
4. Additional Protections. Additional protections in the Texas
Constitution include prohibitions against imprisonment for debt,
outlawry (the process of putting a convicted person outside of
the protection of the law), and transportation (punishing a
convicted citizen by banishment from the state).
5. Philosophical Observations. Three sections of the Texas Bill
of
Rights contain philosophical observations that have no direct
force of law. “Texas is a free and independent state, subject
only
to the Constitution of the United States.” They also asserted
that
all political power resides with the people and is legitimately
exercised only on their behalf and that the people may at any
time “alter, reform, or abolish their government.” Finally,
Section 29 proclaims that “everything in this ‘Bill of Rights’ is
excepted out of the general powers of government, and shall
forever remain inviolate.”
B. The Powers of Government and Separation of Powers
The framers accepted the doctrine of separation of powers.
Article III
sets up the Legislative Branch, Article IV sets up the Executive
Branch,
and Article V, sets up the Judicial Branch.
C. Suffrage
The national government has diminished state power in this
area, and
Article VI, suffrage (the right to vote) of the Texas Constitution
has
been amended to conform to federal changes.
D. Local Governments
The units of local government and their functions are
established by the
constitution. Local governments are extensions of state
authority.
E. Other Articles
The remaining articles are bogged down in minutiae and include
such
subjects as railroads and Spanish and Mexican land grants. The
latter was
removed from the constitution in 1969, though the article’s title
remains.
V . C o n c l u s i o n
The U.S. Constitution has guaranteed powers to the states but
has also limited
state power. Throughout history, the balance of power between
the states and the
federal government has been constantly evolving.
I. Political Behavior Patterns
To effectively participate in Texas politics, one must understand
political action.
Most of the 25 million people in Texas participate—if by doing
nothing more
than hearing other people talk about government and politics.
A. Government, Politics, and Public Policy
Government is a public institution that has the authority to
establish
public policy and allocate values in a society. Politics is the key
to public
policy. Public policy is a product of political activity that may
involve
both conflict and cooperation among legislators, between
legislators and
the governor, within the courts, and among various
governmental
agencies, citizens, and others. The general public determines the
acceptability of public policy.
B. Political Culture
The values, attitudes, traditions, habits, and general behavioral
patterns
that develop over time and shape the politics of a particular
region or
state are called political culture. Political culture is constantly
changing
as these characteristics change. There are three distinct cultures
that exist
in the United States: moralistic, individualistic, and
traditionalistic.
Texas is considered to be predominately individualistic.
The moralistic culture views government as a force for good and
places
trust in it because citizens hold government accountable.
Although this
culture has spread from New England to the Pacific Northwest,
it has had
little foothold in Texas.
Individualistic culture grew out of westward expansion
throughout the
nineteenth century. The individualistic culture does not consider
government a vehicle for creating a just society and believes
government
intervention into public life should be limited. Today, the
individualistic
culture is found in a majority of the midwestern and western
states.
The Old South influences Texas politics, where conservatism,
elitism,
and one-party politics were long entrenched. Traditionalistic
culture
emphasizes the prevailing social order and views government as
a
vehicle to maintain the status quo and hierarchy. This is the
dominant
political culture throughout the south.
C. Texas Political Culture
The political culture of Texas was established over a long
period of time
and was developed under the flags of six national governments.
In
addition, Texas’ experience as an independent republic also
played a
large role in the shaping of its political culture
1. Texas Individualism. The political culture of Texas is
strongly
individualistic and those roots can be traced to the frontier
experience of the early nineteenth century. Because of the
hardships faced by many early Texans, many of today’s Texans
view themselves as being more independent and self-reliant than
most Americans. There is widespread dislike and distrust of
government, and many Texans would rather take care of things
themselves than rely on government to do it for them. The 1995
statute allowing Texans to carry concealed handguns is a
reflection of its individualistic political culture.
2. Texas Traditionalism. Many of today’s Texans are
descendants
of those who lived here when the plantation system thrived and
when much of the state’s wealth was concentrated in the hands
of a few families. As a result, the traditionalistic influence of
the
Old South still lingers and is evident in the racist views held by
some, and in the state’s social and economic conservatism.
3. A Changing Culture? While individualism and traditionalism
have dominated in Texas since the nineteenth century,
demographics are changing and so, too, might Texas’ political
culture. Since the 1979s, Texas has seen an influx from other
areas of the nation and even other countries.
II. The Land
Texas’s diversity is reflected in the variety of geographic
features of the Lone
Star State.
A. The Politics of Geography
The vast size of Texas and its physical geography have
influenced the
politics and policies of the state.
1. Size. Texas has more than 267,000 square miles of territory
making it second only to Alaska in square miles. Due to its
great
size, public policy is affected. For example, there are more than
222,000 miles of roadways in the state.
2. Regions. Texas is a land where four major physiographic
regions
of North America—the Gulf Coastal Plains, the Interior
Lowlands, the Great Plains, and the Basin and Range
Province—come together.
B. Economic Geography
The foundation of the early economy of Texas rested with
industries
based on the land—cattle, cotton, and oil.
1. Cattle. The cattle industry thrived on plentiful land, open
range,
and the relative absence of governmental regulation. Currently
Texas leads the nation in cattle production with an inventory of
13.8 million cattle (including 425,000 dairy cows), more than
twice as many as the next largest producer.
2. Cotton. Cotton has been an important crop in Texas since
before the Civil War. Texas produces almost half of the
nation’s supply and nearly one-tenth of the entire world’s
cotton supply.
3. Timber. Timber has played a large role in the economy of
Texas
since the mid-1800s. By the end of the twentieth century, Texas
was the nation’s tenth largest timber producer; however, the
drought and consequential wildfires that occurred in 2011 have
negatively impacted timber production in our state.
4. Oil. For most of the twentieth century, Texas’s leading
industry
was oil but today the oil and gas industry accounts for less than
6 percent of the state’s economy. The influence of this industry
on Texas politics is much less now than what it was at the
middle of the last century. Increasing environmental concerns
about oil spills and emissions have impacted the Texas oil
industry, which is regulated by the Railroad Commission of
Texas (RRC).
I I I . T h e P e o p l e
The population of Texas is rapidly increasing and is one of the
most ethnically
diverse in the United States. In fact, since 1850 Texas has seen
its population
grown more rapidly than the overall population of the United
States.
A. Demographic Features
As of 2011, the population of Texas totaled 25,674,681, which
was an
increase of 23 percent from the 2000 census total.
n?
1. Population Distribution. The diversity of the state is reflected
by the great contrasts in population—from the almost four
million inhabitants of Harris County to the 82 inhabitants of
Loving County. Population shifts in the 1990s reflected a
continued movement from rural to urban and from large cities to
suburbs.
2. Urbanization. Although long perceived to be rural, Texas has
become a predominantly urban state as people move to where
the jobs are. Texas was 80 percent rural at the beginning of
the twentieth century; by 1970 it was 80 percent urban.
Today, 85 percent of Texans live in urban areas.
3. Metropolitanization. Metropolitanization concentrates large
numbers of people in urban centers, which become linked in a
single geographic entity. Texas’s metropolitan and
micropolitan statistical areas (MSAs) contain more than 80
percent of the state’s population but less than 20 percent of the
254 counties. This plays a significant role in the legislature
where those 48 counties account for about four of every five
votes cast.
B. Racial/Ethnic Groups
Texas is one of the most ethnically diverse states in the nation,
with
minorities constituting more than 50 percent of its population.
Texas has
become a “majority-minority” state; in other words, the number
of
Hispanics, Asians, Native Americans, and African Americans
combined
is greater than Anglos.
1. Anglos. The Anglo population is numerically the largest and
has
been the largest in Texas for the last century and a half.
According to the 2010 census, Anglos make of 45 percent of the
state’s population. Although Anglos have lost majority status,
they continue to dominate government, economic, and social
institutions.
2. Latinos. The Latino population is the largest ethnic minority
group in Texas and has contributed a rich heritage to the state.
The 9.5 million Latinos in Texas compose more than one-
third of the total population and more than 84 percent of
Latinos in Texas are of Mexican origin. Their greatest
proportion is in South Texas, but it is increasing throughout
the state. Latinos have been gaining political power in Texas
as evidenced by the more than 2,300 Latino-elected officials
across Texas, which is the largest number of any state in the
United States.
3. African Americans. The African-American population of
Texas is large in number and has migrated to the urban areas,
especially to Harris County, where its influence on local
politics is great. They number 2.8 million and compose more
than 11 percent of the total population. Houston and East
Texas have over half of Texas’s African-American
population.
4. Asian Americans. There are 948.000 people of Asian descent
in Texas. Most Asian Americans live in the state’s largest
urban centers including Houston and the Dallas-Fort Worth
metroplex. While Asian Americans account for less than 4
percent of the state’s total population, they continue to add to
the rich diversity of Texas.
5. Native Americans. It is estimated that approximately 170,000
Native Americans call Texas home. Although today small in
number, Native Americans have had a very strong influence
on the development of Texas. There are only three
reservations in the state. Casino gambling on their property
remains controversial.
I V . S e a r c h i n g f o r N e w E c o n o m i c D i r e c t i o
n s
The economy, once dominated by landownership, is now
diversifying. Texas has
become a middle-class state, similar to the remainder of the
nation. The decline
in oil prices has spurred Texas to actively recruit new
businesses. This has been a
very successful effort. Not only are new businesses coming to
Texas, they are
thriving. In 2010, Texas tied California in the number of
Fortune 500 companies.
Houston and Dallas are second and third on the list of cities
with the most
Fortune 500 companies, after New York City.
A. Energy
Texas has some of the largest energy-related corporations in the
United
States. Companies like Exxon-Mobil and ConocoPhillips lead
the pack.
Exploration for cleaner sources of energy has resulted in
reaction to
environmental concerns. Natural gas is one the options being
sought and
as a result, hydraulic fracturing has become commonplace
across the
state with more than 216,000 active wells. Wind-generated
power is
another alternative energy source being developed and
accounted for 8
percent of the state’s electricity in 2008.
B. High Technology
High technology applies to research, development,
manufacturing, and
marketing of electronic products. In 2005, the Emerging
Technology
Fund was created, providing $200 million to invest in emerging
technology, but high-technology businesses employ less than 6
percent
of the labor force in Texas. Even though that is a small
percentage, Texas
ranks second only to California in the size of its high-
technology
workforce.
C. Biotechnology
The number of biotech jobs has increased four times faster than
the
overall increase in employment in Texas, and there are more
than 4,500
biotechnology firms across the state.
D. Services
One of the fastest-growing economic sectors in Texas is the
service
industry, employing one-fourth of all Texas workers. Various
service
industries have provided many new jobs in Texas, but most of
these jobs
pay low wages. One segment of the service industry, health
care, has
seen steady growth in employment due to the aging population
of the
state, the availability and use of new medical procedures, and
the rapidly
increasing cost of prescription drugs and other medical services.
E. Agriculture
Texas overall is second in the nation in agricultural production.
Texas
also leads the nation in many agricultural categories and exports
many of
its products. Of concern to Texas policymakers is the fact that
the value-
added segment of agriculture—processing—is done outside the
state.
Texas agriculture is a $16 billion industry.
F. Trade
More than 60 percent of U.S. exports to Mexico are produced in
Texas or
transported through the Lone Star State from other states. The
North
American Free Trade Agreement (NAFTA) was passed in 1993.
By
reducing and then eliminating tariffs over a fifteen-year period,
the
agreement stimulated U.S. trade with both Canada and Mexico.
Recent
political and economic crises have raised serious questions
concerning
the future of NAFTA, namely the escalating violence along the
border
involving drug gangs.
V . M e e t i n g N e w C h a l l e n g e s : S o c i a l a n d E
c o n o m i c
P o l i c y I s s u e s
This century will see Texans faced with public policy decisions
concerning
environmental protection, public and higher education,
immigration, and the
restructuring of the Texas economy.
A. Immigration: Federal and State Problems
Congress has attempted to reduce the flow of undocumented
aliens by
penalizing employers and by adding more enforcement
personnel. The
1996 reform of federal immigration legislation continued this
trend. In
2006, the federal government began constructing 700 miles of
fencing
along the border from California to Texas. Although legislation
has been
enacted at the federal level to address the issue of
undocumented aliens,
this issue continues to be a major controversy in Texas and the
nation.
ry of Immigration
B. Water
The state likely does not have enough water to meet projected
population
increases, meeting only an estimated 65 percent of demand in
2060.
While conservation and alternative management are probably
the only
way to meet rising demand for water, the Texas legislature
failed to pass
legislation that would create the first permanent funding source
for the
state’s water plan in 2011.
C. Environmental Protection
Poor air quality and impure water are causing serious health
problems for
many Texans. Texas leads the nation in hazardous waste
generated, air
pollution emissions, amount of carbon dioxide emissions and
greenhouse
gases released, amount of toxic chemicals released into water,
and
amount of recognized cancer-causing carcinogens released into
air.
D. Education and Economic Development
Texas is ranked at the bottom of the states in education and in
the literacy
of its residents. Both students and teachers are dropping out in
significant
numbers. Every year, approximately one-fifth of teachers in
Texas quit.
Students are not developing the literacy skills they need to
compete and
approximately one out of every three Texans cannot read or
write well
enough to complete a job application. Despite these difficulties,
the
Texas legislature cut education funding by $5.4 billion in 2011.
E. Poverty and Social Problems
Texas faces a number of social problems including high
numbers of
children living in poverty and in single-parent homes, births to
unwed
teenagers, juvenile arrests, and violent acts committed by
teenagers and
preadolescents. Texas continues to rank near the bottom of the
fifty states
in governmental response to poverty and social problems.
V I . C o n c l u s i o n
As demographics, economies, and environmental conditions
change in Texas,
policymakers and citizens face a variety of challenges.
Local Government in Texas
What is the constitutional basis for local government in Texas?
Click on the following link to get a better understanding of
local government in
Texas: http://texaspolitics.laits.utexas.edu/7_5_0.html
City Government
services, enact
regulations and tax.
the governing
body of a municipality to regulate such matters as building
construction,
land use practices, and driving habits.
ty taxes,
sales taxes, and
other taxes and service charges.
units of
government, subject to the constitutions and laws of the US and
the state of
Texas.
-law city is a municipality that is limited to those
governmental
structures and powers specifically granted by state law. They
are bound by
Dillon’s rule, which is a legal principle that a city can exercise
only those
powers expressly granted by state law.
ties can take any actions not prohibited by state
or federal law
or the constitutions of the US and Texas.
Forms of Local Government:
-council – voters elect a mayor as the executive officer
and a council
that serves as a legislative body. The mayor and the council
together make
policy for the city.
-manager – city council/mayor appoints a
professional administrator
called a city manager to act as chief executive of the city. Role
of the mayor
is limited.
m – voters select a commission whose
members exercise
both executive and legislative powers.
What are some examples of places that use each form of local
government?
http://texaspolitics.laits.utexas.edu/7_5_0.html
Major budget items for city governments in Texas: police and
fire protection,
sanitation, streets, and health. What other items are included in
the budget?
Most important revenue source for cities: property tax. Then
revenue from sales
tax, federal aid, charges for services, fines and borrowing.
County Governments
general-law
units of local government. County governments in Texas play a
dual role in
providing services to their residents and carrying out the
functions of state
government.
collection,
elections, road and bridge maintenance and building, and
various other
functions
commissioners
and the county judge.
precincts.
attorney, district
clerk, county clerk, justice of the peace, constable, tax assessor-
collector –
What are the role of these officials?
Who maintains
legal records for district courts? Who is the county’s chief tax
official? Who
collects fees for automobile license plates?
governments.
What are some other revenue sources for county governments?
nits of local government
that provide
public education to district residents. The governing body for
ISDs is the
board of trustees. What is their main job?
government (taxpayers)
fund public education. Which one spends the most on public
education in
Texas?
Parental choice is the educational concept that allowing parents
to choose which
school their children will attend will lead to improvements in
educational quality
because schools will compete for students. Is this a viable
solution to improving
educational quality?
What are charter schools and how are they organized and
governed in Texas?
Special districts are units of local government created to
perform specific
functions. What are the most common types of special districts?
They are created
to provide services that other units of local government cannot
or will not provide.
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  • 1. Case Study: Captain Edith Strong Captain Strong is the commander of a Field Operations Division in the City of Rogerville that has a population of 101,603, and the community covers 65.4 square miles. Captain Strong has worked her way up through the ranks achieving the position of captain after 18 years of service. She is the first woman to hold this high of a position in the department. Prior to this she served as Lieutenant of Administrative Services. The preponderance of her service has been in patrol, where she served as a sergeant and then a watch commander. Within the department, 65 percent of the officers are white, and the next largest ethnic group is Hispanic, at 27 percent. Seven percent of the force is women. Based on tradition and operational policy, the department has a definitive chain of command and is keyed to job specialization. Patrol officers are assigned to a specific beat and respond to calls, conduct preliminary investigations (when minor crimes are involved), and engage in preventive patrol when time allows. The Bureau of Criminal Investigations conducts all other investigations. Job descriptions are definitive, and everyone follows them religiously. Deviation from a job description results in immediate supervisory action that usually calls for being written-up. The Division handles 62 percent of the police department’s measurable workload and has 58 percent of the manpower. Within the Division, there is a lieutenant who serves as an adjutant, three lieutenants who serve as watch commanders, a traffic sergeant who supervises six officers, a sergeant who supervises the Neighborhood Police unit that has a complement of 10 officers, three school resource officers, and 71 patrol officers. Officers in the specialized assignment have higher morale and seem well satisfied with their assignments. They have an opportunity to interact with each other and create meaningful and satisfying relationships. Almost all patrol
  • 2. officers feel that their workload is excessive and complain that all they do is go from one incident to the next and spend an inordinate amount of time creating police reports. In fact, they feel that they are unable to complete their preliminary investigations and in many instances have to cut corners in order to complete a shift. Except for backup in certain cases, they never get to interact with fellow officers apart from coming and going to roll-call sessions. Every patrol officer in the department works solo, and departmental police prohibits more than two officer eating meals or taking coffee breaks at the same time in the same restaurant. The dehumanizing aspect of an excessive workload has taken its toll on the personnel assigned to the patrol division. A survey conducted by a member of the chief’s staff indicates that patrol officers feel in the following ways: 1. The job is viewed as dissatisfying. 2. Morale is low. 3. Response time is long. 4. The number of citizen-initiated complaints is up. 5. More officers are filing disability claims. 6. Employee turnover is exceeding projections. The situation has become critical and imperils the division’s ability to function efficiently, effectively, and productively and has to be dealt with as soon as possible. The solution is to design a program that meets the needs of both the department and the employees. What philosophical approach do you believe Captain Strong should take in carrying out this project? What specific motivational strategies would you recommend that she consider? Would E.R.G. theory be applicable in this instance.? Why or why not? Give several concrete examples. Would job enlargement or job enrichment be applicable in this case? Explain. Summary Management can be defined as getting things done with and through the efforts of others. Thus, it is the police
  • 3. administrator’s job to create an environment within which professional employees motivate themselves. This can be done by establishing a concrete link between appropriate job behavior and meaningful rewards. Motivation is a psychosocial process. It produces an attitude that generates actions that lead to anticipated results. All other things being equal, well-motivated police officers are more efficient, effective, productive, and satisfied than unmotivated ones. Most motivation theories are based on the assumption that psychosocial tensions caused by intrinsic and/or extrinsic factors are translated into human needs. Needs elicit instrumental behaviors that are designed to reduce the tension. Of course, different needs generate different and unique adaptive responses. The intensity of a felt need (or needs) activates and energizes people as they interact with one another in the workplace. Abraham Maslow’s “progression” theory of employee needs is one of the best-known content theories. As a positive humanistic theory of motivation, it stresses the importance of both biological drives and psychosocial needs. According to Maslow, five basic human needs activate, fuel, and shape the internal drive to overcome inertia affiliated with the status quo. He classes them as physiological (survival) needs, safety (security) needs, belonging (social) needs, self-esteem (ego) needs, and self-actualization (fulfillment) needs. While Maslow’s theory has a great deal of humanistic appeal, there is simply no consistent evidence to prove his contention that satisfying a human need at one level actually decreases the motivational importance of that need so that the satisfaction of a person’s needs is a process that becomes less and less concrete as time goes on. Consequently, some motivation theorists have attempted to modify the hierarchy of needs concept to make it more realistic in terms of its application to goal-oriented behavior. Clayton Alderfer’s “E.R.G.” (existence/relatedness/growth) theory has become one of the better-known content theories. Alderfer developed his E.R.G.
  • 4. theory in an effort to simplify Maslow’s hierarchical model. E.R.G. collapses Maslow’s five human need categories into just three and contends they are active in all human beings. Taking his cue from Maslow and other content theorists, Douglas McGregor developed a different humanistic theory of management. It is based on two distinct sets of assumptions about human nature (he called them Theory X and Theory Y) and the idea that managers tend to fall into one of two groups depending on which of the two assumptions they make about their employees. Theory X (the traditional approach to direction, control, and management) is based on a negative view of people. Theory Y (a more modern humanistic view) sees people as innately motivated and improvable. According to McGregor, managers organize, control, and attempt to motivate employees based on one or the other of these assumptions. Frederick Herzberg developed another view of human needs. His “motivation-hygiene,” or “two-factor,” theory was originally derived from an analysis of critical incidents reported by 200 engineers and accountants. They were asked to describe the times when they felt exceptionally good and exceptionally bad about their jobs. Based on the different things respondents identified as sources of satisfaction and dissatisfaction in their work, Herzberg identified two themes characteristic of all jobs: (1) “maintenance” or “hygiene” factors and (2) “motivational” factors. The motivation theories discussed in this chapter fall into two very distinct categories: (1) content theories and (2) process theories. Content theories attempt to explain exactly what motivates people to act as they do in a given set of circumstances.Process theories, on the other hand, deal with how people are motivated. While none of these theories provides a complete explanation of motivation or the motivation process, they tend to supplement one another and provide the police administrator with a comprehensive perspective on this very complex psychosocial phenomenon. Police administrators today must come to grips with one simple
  • 5. fact of life—they are dealing with a new breed of employee. Modern police personnel are more sophisticated than their predecessors. They are better educated, more participative, and much less resistant to change. They demand respect and expect to be treated as professionals. While money is still a magical word in the police subculture, it has a much different meaning than it did a generation ago. Salaries and fringe benefits have been improved to the point where more money, in and of itself, no longer serves as the primary motivator in many agencies while other agencies lag behind in salaries and benefits. Police officers demand more than just money. Most of them want to do meaningful work that meets their conscious and subconscious higher-order needs for growth, self-esteem, and a sense of fulfillment. Discussion Topics and Questions 1. What do social scientists mean when they say that all human behavior is caused? Why is this important to the study of motivation? 2. Define the term motive. What are the basic steps in the motivation process, and what role do motives play in this process? 3. Explain the difference between content theory and process theory. Why is this distinction important? Are these theories mutually exclusive? 4. Explain Maslow’s hierarchy of needs, and show how this theory has been factored into other major content theories. What contribution did the Hawthorne experiments make to Maslow’s thinking?
  • 6. 5. What, from Herzberg’s perspective, is the difference between a hygiene factor and a motivator? Give an example, and explain why poor hygiene leads to dissatisfaction but good hygiene does not serve as a motivator. 6. Discuss the basic assumptions on which the Theory X and Theory Y continuum is built. How does the theory’s self- fulfilling prophecy influence job performance? Is Theory Y always superior to Theory X? Explain your answer. 7. What are the five elements in expectancy theory? What do expectancy theorists mean when they say that the three key elements interact multiplicatively to determine the intensity of motivation? Give an example. 8. How do people ordinarily adapt their job behavior to compensate for a perceived inequity in the way they are being treated vis-à-vis others in the workforce? What can police administrators do to control the equity dynamic in their work unit? 9. Identify the major strategies—beyond “more money”—that have developed for motivating police officers. What do you feel would be best for motivating police personnel? Why? For Further Reading Andrew J. Elliot and Carol S. Dweck, eds., Handbook of Competence and Motivation (New York: The Guilford Press, 2007). This handbook is a comprehensive resource for researchers and theoreticians on the broad topic of achievement motivation. Its primary focus is on the concept of competence. There are 35
  • 7. chapters in the text, and they consider a wide range of features from contextual influences to the self-regulatory processes. They view competence as an innate, pancultural, and psychological need from a number of disciplines to include social-psychological psychology, industrial-organizational psychology, and developmental perspectives. With its focus on competence, a foundation is laid for a rapprochement between the cognitive, rational world of the individual and one’s self- protective, defensive tendencies. It is generally conceded that the handbook represents a signal contribution to the field of achievement motivation. The text takes the position that it is readily apparent that the role of competence is playing an influential role in achievement motivation. Kenneth W. Thomas, Intrinsic Motivation at Work—Building Energy and Commitment (San Francisco, CA: Berrett-Koehler Publishers, 2002). The author presents a broad conceptual framework for understanding intrinsic motivation and discusses why it is an essential component in today’s working environment. Consideration is given to the need for intrinsic rewards as well as the need to move away from the rational–economic ways of the past. The writer lays a foundation for this new model of viewing rewards and introduces the concept of self-management in pursuit of purposes and clearly identifies the steps needed to become involved in self-management. The text reviews the four intrinsic rewards that come from and energize the self- management steps: a sense of meaningfulness, choice, competence, and progress. There is also a discussion of the leadership role needed to energize individuals on a work team as well as a presentation on how to enhance one’s intrinsic rewards. Stewart Liff, Managing Government Employees (New York: AMACOM, 2007). The author believes that the overwhelming majority of individuals want to do a good job. At the same time, an organization needed a solid system and control if the agency is
  • 8. to be successful. This approach uses control variables positively, not punitively. With this perspective of employees, a manager can maintain a consistent set of core values. The author believes that the more you treat employees as valued, the more they will do a good job. It is also suggested that employees want to be part of a winning organization, but they must be given freedom not controlled, included not excluded, and provided with a meaningful role so they can contribute to the organization. The author also believes that a manager should always treat employees with respect, and this can be done by sending positive messages to people to include treating people ethically. Charles B. Handy, Understanding Organizations, 4th ed. (East Rutherford, NJ: Penguin Global, 2005). In its 4th edition, this text has been tested and found to be an excellent addition to the literature on organizations. Charles Handy discusses numerous key concepts to include the following: culture, motivation, leadership, power, role playing, and groups. He believes that organizations are not simple charts, but in reality they can best be described as micro- societies. He reviews the tools needed to analyze and improves these micro-societies, which in turn would be useful to law enforcement administrators. The chapter on motivation is comprehensive and leaves the reader with a great deal of food for thought. Of additional usefulness are the chapters on power and leadership, and he does an excellent job of linking them to organizations in term of their impact. The cultural concepts he reviews are useful in organizational analysis, and he very adequately describes their relationship to the organization during times of change.
  • 9. I. Local Politics in Context We must understand American federalism to put cities, counties, and special districts (the grassroots governments) in the proper context. A. Local Governments and Federalism Local governments are the units of government that actually deliver the services deemed 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 (Dillon’s Rule). Because the territories of local governments often overlap, federalism (intergovernmental relations) is important to understand. B. Grassroots Challenges Local governments are facing increasingly diverse challenges while becoming increasingly diverse themselves. 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. State and Local Levels?
  • 10. I I . M u n i c i p a l G o v e r n m e n t s Whether taxing residents, arresting criminals, collecting garbage, providing public libraries, or repairing streets, municipalities determine how millions of Texans live. A. 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. • General-Law City: 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. • Home-Rule City: A city with a population of greater than 5,000 may, by majority vote of their residents, adopt, amend, or repeal a locally drafted charter. o 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. o 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.
  • 11. B. Forms of Municipal Government Four principal forms of municipal government are in operation in the United States and in Texas. 1. Strong Mayor-Council. The strong mayor-council form of municipal government provides for a centralized authority to manage the complex problems of urban areas. Most of the nation’s largest cities use this form of local government. However, only Houston and Pasadena, among Texas’s largest cities, have adopted variations of it. 2. Weak Mayor-Council. In the weak mayor-council form, the mayor is one of several city executives responsible to the electorate. 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. The more power centers there are, the more difficult problem solving becomes. 3. Council-Manager. The council-manager form of municipal government has become the most popular among home-rule cities in Texas since it appeared in 1913. The council appoints a city manager to be responsible for budget coordination and policy implementation. A separately elected mayor who presides over the council but has no other powers may be a part of the structure. The form prevails in the majority of Texas’s home- rule cities. 4. Commission. The commission form of municipal government lacks a chief executive, as each commissioner has administrative responsibility over a specific department. No Texas home-rule city currently has a pure commission form of government,
  • 12. though a few general-law towns and villages have variations on this structure. C. Municipal Politics Although municipal elections in Texas are nonpartisan elections, politics is not eliminated from local government. 1. 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 election or place system to a single-member district election or cumulative voting system. City Council Members and the Mayor? 2. Socioeconomic Changes. Texas’s increasing levels of urbanization, education, and economic development have made the state more diverse, economically, culturally, and politically (more pluralist in political science terminology). For example, there are more Latino elected officials in Texas than in any other state, with most of them serving at the local level. D. 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
  • 13. sanitation, and perhaps parks and recreation. Municipalities also regulate important aspects of our lives, notably zoning, construction, food service, and sanitation. -Win: A Tale of Two Internships E. Municipal Government Revenue Municipal governments may raise funds from a variety of sources including taxes, fees, and borrowing. 1. Taxes. Cities are limited to raising funds from three tax sources: property, occupation, and sales. The two largest tax sources in Texas—the sales and property tax—are limited by state law. Cities also receive a share of some state-collected taxes. 2. 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. 3. 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 municipal bonds. The Texas Constitution allows cities to issue bonds, but any bond issued to be repaid from taxes must be approved by the voters. 4. Property Taxes and Tax Exemptions. Property owners pay taxes on the value of their homes and businesses not just to the city but to the county, the school district, and often other
  • 14. special districts. 5. The Bottom Line. In response to pressure against raising property tax rates, municipal governments sometimes refrain from increased spending, cut services or programs, or find new revenue sources. F. Generating Revenue for Economic Development Following a national trend, some Texas cities are trying to spur development by attracting businesses through tax incentives. Some cities have created tax reinvestment zones (TRZs) that promise to produce revenue at some date in the future through tax increment financing. This is due to the fact that state and federal appropriation to assist cities are shrinking, which is another example of the important role federalism plays. Local Levels? I I I . C o u n t i e s Counties are an interesting set of contradictions. They are technically an arm of the state, created to serve its needs, but both county officials and county residents see them as local governments and resent any state “interference.”
  • 15. A. Structure and Operation Almost every county official is directly elected by the people and serves a four-year term. Their elections are partisan, and there are no term limits. All of the 254 counties in Texas have the same structure regardless of size or population. A few counties have been able to make small changes through constitutional amendments. Governing power is decentralized in all counties. 1. Commissioners Court. The Commissioners court consists of a county judge (elected at large) and four commissioners (each elected from a single-member district). The court is staggered, with two commissioners voted in every two years. Despite the use of the term court, there is no judicial function. Its major function is to adopt the county budget and set tax rates. It is also responsible for conducting elections, and many commissioners serve as road and bridge commissioner in their precincts. 2. County Judge. The county judge is the most prestigious officer of the county. The judge fills vacancies in the commissioners court and may act as county budget officer. The judge has essentially no formal authority over other elected county officials. The county judge also presides over the county court— a law court that tries certain criminal misdemeanors, smaller civil, and probate cases. There is no requirement that the county judge be an attorney—simply that he be learned in the law (See Chapter 10). 3. County Attorney and District Attorney. The county attorney is the chief legal officer of the county (unless there is a resident
  • 16. district attorney). 4. County Sheriff. The county sheriff is the chief law enforcement officer who is also responsible for the county jail and the hiring of deputies. In practice, the sheriff’s office commonly focuses on crime in unincorporated areas and leaves law enforcement in cities primarily to the municipal police. 5. Law Enforcement and Judges. Counties have a number of officials associated with the justice system. The judicial role of the constitutional county judge varies. In smaller counties,
  • 18. court clerk, justices of the peace, and constables. The district court clerk maintains records for the county and district courts. 6. County Clerk and County Tax Assessor-Collector. The county clerk keeps records and handles various paperwork chores for both the county court and the commissioners court. They also file legal documents (such as deeds, mortgages, and contracts) in the county’s public records and maintain the county’s vital statistics (birth, death, and marriage records). The county tax assessor-collector is responsible for the collection of
  • 19. the county property tax and certain state fees, including the license tag fees for motor vehicles. 7. Treasurer and Auditor. The county treasurer receives and pays out all funds authorized by the commissioners court. The county auditor is involved with checking the account books of all county officials to determine if county funds were spent in accordance with the law. B. County Finance The county’s ability to tax and, to a lesser extent, to spend is limited by the state constitution. 1. Taxation. The Texas Constitution authorizes county governments to collect taxes on property, and that is usually their most important revenue source. Although occupations may also be taxed, none of the counties implement that provision. 2. Revenues from Nontax Sources. Counties receive small amounts of funds from various sources that add up to an important part of their total revenue, including federal grants- in- aid, vehicle motor taxes and fees, revenue from liquor sales, and revenue from traffic fines. 3. Tax Incentives and Subsidies. Like cities, a commissioners court may grant tax abatements (reductions or suspensions) on taxable property, reimbursements (return of taxes paid), or tax increment financing (TIF; the use of future gains in property value to finance current development projects) to attract or retain businesses. 4. The Bottom Line. Despite various revenue sources, Texas
  • 20. counties, like other units of local government, are pressured to raise property taxes or to balance their budgets by eliminating or reducing programs and services. 5. Expenditures. The state restricts county expenditures in certain areas and mandates spending in others. Yet patterns of spending vary considerably from county to county. The biggest variation is between rural and metropolitan counties. Smaller counties spend a large portion of their budget on public safety and roads and little on social services and urban amenities in comparison to larger counties. C. County Government Reform Texas counties suffer various problems: rigid structure and duties fixed in state constitution and statutes; inefficiency related to too many elected officials and the lack of merit systems for hiring employees; and too little money. One often-suggested reform is county home rule to give counties more ability to organize and operate in accordance with local needs and wishes. While that would allow counties to better meet community demands, research suggests that it tends to increase county spending. Texas is one of thirteen states that does not grant home rule to counties. D. Border Counties
  • 21. In recent years, there has been unprecedented population growth in Texas’s counties near the Rio Grande because of the North American Free Trade Agreement (NAFTA) and immigration. The counties along the Mexican border area between El Paso and Brownsville are among the most impoverished places in the country and reside in colonias, which are depressed housing settlements often without running water or even sewage systems. The border counties are ill-equipped to deal with the challenges they face, including illegal immigration, colonias, drug trafficking, and drug-gang violence from Mexico. I V . S p e c i a l D i s t r i c t s Special districts are created by an act of the legislature or, in some cases, by local ordinance and usually have a single function. They fall into two categories: school districts and noneducation special districts. A. Public School Districts Independent school districts (ISDs), locally elected boards that exercise powers conferred on them by the Texas legislature, constitute the most numerous of the special districts. The board hires the school superintendent, who is responsible for the district’s education. In keeping with the individualistic political culture that dominates the state of Texas, school boards have been given increased local autonomy over
  • 22. some decisions since 1995. However, school districts are governed by the Texas Education Agency and the federal government as well. As a result, school districts can make local educational policy, but must keep it within the context of the substantial limits, mandates, and influences that come from the state and federal governments. B. Junior or Community College Districts There are fifty junior college or community college districts, some with multiple campuses. These institutions provide the first two years of college as well as various technical and vocational programs and traditionally charge a lower tuition rate than four-year schools. A locally elected board of trustees sets the property tax rate, issues bonds, and approves the budget. Community colleges, like state universities and technical colleges, are funded by state appropriations, tuition and fees, and small amounts of federal aid and private donations. C. Noneducation Special Districts Texas has almost 2,300 noneducation special districts that have been created for the following areas: water, sewage, parks, irrigation, housing, fire protection, and the like. There are a variety of reasons why Texas has so many special districts, but three stand out: (1) some problems
  • 23. cut across city and county boundaries; (2) challenges of taking on new tasks; (3) personal profit. V . M e t r o p o l i t a n A r e a s Approximately 88 percent of the population of Texas lives in metropolitan areas. Metropolitan problems are increasing because of this rapid growth in population. One way to deal with areawide problems would be metro government (consolidation of local governments into “one umbrella” government for the entire metropolitan area). A. Councils of Governments (COGs) Councils of Governments (COGs) are voluntary organizations composed of representatives of local governments organized to perform regional planning activities and deliver services requested by local governments. Membership may be necessary or helpful in obtaining state or federal grants. COGs also provide a forum for local government leaders to share information and coordinate their efforts. B. Municipal Annexation In 1963, the Texas Legislature enacted a municipal annexation law that gave cities extraterritorial jurisdiction (ETJ), which meant they have
  • 24. limited authority outside their city boundaries. As a result, state law allows cities to annex territory beyond their corporate limits. This has become controversial as cities annex unincorporated areas. V I . C o n c l u s i o n Local governments and the policies they implement play a huge role in the day-to-day lives of Texans. However, what local governments do is heavily shaped by formal rules, I. The American Federal Structure Federalism provides a system of government that allows the states to function with a great deal of independence while a national authority meets the needs of the union of states. It came about as a compromise between unitary and confederal systems. A. Distribution of Powers The powers that belong to the states are not equal to those powers residing in the national government. The Constitution also contains a national supremacy clause that further limits the states’ powers. 1. Constitutional Powers of the National Government. The powers that rest with the national government are stated in or implied by the Constitution. Delegated powers are outlined in
  • 25. Article I, Section 8, including: regulating interstate and foreign commerce, borrowing and coining money, declaring war, and levying and collecting taxes, to name a few. The implied powers are found here as well. 2. Constitutional Guarantees to the States. Constitutional guarantees have been granted to the states by the U.S. Constitution including guaranteed representation in the U.S. Congress, participation in the electoral college, a role in the amendment process, and a guarantee of protection by the U.S. Government. 3. Constitutional Limitations on the States. In Article I, Section 10, the Constitution limits states’ powers in many areas. States may not coin money, enter into treaties with foreign nations, or levy duties on imports to name a few. College Integration B. Interstate Relations and State Immunity Article IV of the Constitution pertains to relations among and between the states, and the Eleventh Amendment affects federal-state relations. Two important clauses are found in Article IV including the privileges and immunities clause and the full faith and credit clause. The privileges and immunities clause guarantees that persons from one state are entitled to the same privileges and immunities as citizens of the state they are visiting whereas the full faith and credit clause guarantees that official actions of one state, with the exception of criminal
  • 26. cases, must be recognized and honored by all other states. The Eleventh Amendment offer states limited sovereign immunity including protections for states from being sued by their own citizens, or those of another state, without its consent, and from being sued by state employees for violating federal law. C. State Powers The reserved powers of the states are not defined, and these powers are in a constant state of flux. In recent years, the national government has returned more responsibilities to the states. Broad categories of state powers include police power, taxing power, proprietary power, and the power of eminent domain. D. Federal-State Relations: An Evolving Process The relationship between the national and state governments has dramatically changed over the 200-plus-year history of our nation. Periods of time reflect an expansion or decline of the federal government while also reflecting Texas’s assertion of Tenth Amendment rights. Federal grants-in-aid have been used by the federal government to increase the national government’s influence on state
  • 27. policymaking. However, during the presidencies from Clinton to George W. Bush, Congress has increasingly abandoned categorical grants in favor of block grants. This resulted in a decline of national control over state governments referred to as devolution. I I . T h e T e x a s C o n s t i t u t i o n : P o l i t i c s o f P o l i c y m a k i n g The seventh constitution of the state was ratified in 1876; it spells out in minute detail the powers and limitations of government. This detail has necessitated continued revision of the document. As a result, the Texas Constitution has become cumbersome and outdated. In fact, by the end of 2012, it had been amended by no fewer than 474 amendments and had grown to more than 87,000 words. A. Historical Developments The constitutional development of Texas is closely tied to the historical development of the state. 1. The First Six Texas Constitutions. Texas had six constitutions between 1827 and 1875. The Coahuila y Tejas Constitution of 1827 was in force when Tejas was a state in Mexico. A new constitution was drafted in 1836 when Texas declared its independence from Mexico and became its own republic. In 1845 another constitution had to be drafted when Texas was annexed by the United States and became a state. Just 16 years later, Texas seceded and joined the Confederate States of
  • 28. American resulting in yet another constitution in 1861. After the confederates lost the war, Texas, and other confederate states were forced to draft new constitutions, which resulted in the 1866 Constitution being ratified. In 1869, the Radical Republicans in the U.S. Congress set aside the state’s government and Texas was forced to draft yet another constitution. 2. Drafting the Constitution of 1876. The spirit of economy in government plus zeal to undo the policies of the Davis administration permeated the convention, which was composed of a variety of groups but dominated by agrarian interests, namely the Texas Grange. Although it has been amended more than 474 times, this is the constitution that currently governs our state. Readers will find that the authors of this constitution strove to limit government powers in a myriad of ways. 3. Distrust of Government and Its Legacy. The framers sought to limit policymaking by placing many restrictions in the state’s fundamental laws. The general consensus of the time held that a state government could exercise only those powers listed in the state constitution. Therefore, instead of being permitted to exercise powers not denied by the U.S. Constitution, Texas lawmakers are limited to powers spelled out in the state’s constitution. B. Today: After More Than a Century of Usage
  • 29. The Texas Constitution of 1876 is fraught with problems including its excessive length. Moreover, its wording and use of legal terminology has made it difficult for citizens to understand. However, despite these problems, it has lasted for more than 150 years. Amendments? I I I . C o n s t i t u t i o n a l A m e n d m e n t s a n d R e v i s i o n Changes in the state constitution were proposed soon after its adoption. The constitutional amendment process is as follows: Amendments are proposed by a two-thirds vote of the total membership of each house and ratified by a majority of those voting in the election. Historically, voter turnout for constitutional amendment elections is very low, particularly in off-year elections. A. Constitutional Revision While attempts to revise the Texas Constitution of 1876 began soon after its adoption, the most comprehensive movement to achieve wholesale constitutional revision was initiated by the legislature in 1971. The Constitutional Revision Commission appointed members drafted a constitution and submitted it to the legislature, which was sitting as a Constitutional Revision Convention. Battles over controversial
  • 30. issues and lack of positive leadership doomed the revision efforts in 1974. The final deathblow came with the failure to reach agreement on the issue of the right-to-work status. In 1975, voters overwhelmingly defeated the revision effort, which was first defeated at the convention. B. More Revision Attempts Drafts of revisions to the constitution were prepared by then Sen. John Montford in 1995 and by Sen. Bill Ratcliff and Rep. Rob Junell in 1998. Neither received serious legislative consideration. In 2011, Representative Charles Anderson asked the leadership in the legislature to create a joint committee to examine a reorganization of the state constitution. His proposal was never brought up for a vote. point: Should the Texas Constitution Be Rewritten? C. Piecemeal Revision Several portions of the rejected revision proposals have been added to the constitution through amendments. To modernize the Texas Constitution, one constitutional amendment adopted in 1999 authorized elimination of certain “duplicative, executed, obsolete, archaic and ineffective provisions of the Texas Constitution.” Despite these
  • 31. piecemeal revisions, the Texas Constitution continues to be problematic. I V . T h e T e x a s C o n s t i t u t i o n : A S u m m a r y A. The Bill of Rights Basic rights are protected by both the national and state constitutions. The Texas Bill of Rights, with its thirty sections, contains some protections not found in the federal Bill of Rights including equal rights for women and the rights of crime victims. Unlike the national constitution, the Texas Constitution lists its Bill of Rights at the beginning of the document. 1. Constitutional Rights against Arbitrary Governmental Actions. Eleven of Article I’s sections provide protections for people and property against arbitrary governmental actions. Guarantees such as freedom of speech, press, religion, assembly, and petition are included. 2. Rights of Criminals and Victims. Thirteen sections of the Texas Constitution’s Bill of Rights relate to the rights of persons accused of crimes and to the rights of individuals who have been convicted of crimes. An additional set of rights added by constitutional amendment in 1989 guarantees the “rights of crime victims.” 3. Equal Rights for Women. The Texas Equal Legal Rights Amendment (ELRA) was added to Article 1, Section 3, of the Texas Constitution in 1972. It states: “Equality under the law shall not be denied or abridged because of sex, race, color,
  • 32. creed or national origin.” 4. Additional Protections. Additional protections in the Texas Constitution include prohibitions against imprisonment for debt, outlawry (the process of putting a convicted person outside of the protection of the law), and transportation (punishing a convicted citizen by banishment from the state). 5. Philosophical Observations. Three sections of the Texas Bill of Rights contain philosophical observations that have no direct force of law. “Texas is a free and independent state, subject only to the Constitution of the United States.” They also asserted that all political power resides with the people and is legitimately exercised only on their behalf and that the people may at any time “alter, reform, or abolish their government.” Finally, Section 29 proclaims that “everything in this ‘Bill of Rights’ is excepted out of the general powers of government, and shall forever remain inviolate.” B. The Powers of Government and Separation of Powers The framers accepted the doctrine of separation of powers. Article III sets up the Legislative Branch, Article IV sets up the Executive Branch, and Article V, sets up the Judicial Branch. C. Suffrage The national government has diminished state power in this area, and Article VI, suffrage (the right to vote) of the Texas Constitution
  • 33. has been amended to conform to federal changes. D. Local Governments The units of local government and their functions are established by the constitution. Local governments are extensions of state authority. E. Other Articles The remaining articles are bogged down in minutiae and include such subjects as railroads and Spanish and Mexican land grants. The latter was removed from the constitution in 1969, though the article’s title remains. V . C o n c l u s i o n The U.S. Constitution has guaranteed powers to the states but has also limited state power. Throughout history, the balance of power between the states and the federal government has been constantly evolving. I. Political Behavior Patterns To effectively participate in Texas politics, one must understand political action. Most of the 25 million people in Texas participate—if by doing nothing more
  • 34. than hearing other people talk about government and politics. A. Government, Politics, and Public Policy Government is a public institution that has the authority to establish public policy and allocate values in a society. Politics is the key to public policy. Public policy is a product of political activity that may involve both conflict and cooperation among legislators, between legislators and the governor, within the courts, and among various governmental agencies, citizens, and others. The general public determines the acceptability of public policy. B. Political Culture The values, attitudes, traditions, habits, and general behavioral patterns that develop over time and shape the politics of a particular region or state are called political culture. Political culture is constantly changing as these characteristics change. There are three distinct cultures that exist in the United States: moralistic, individualistic, and traditionalistic. Texas is considered to be predominately individualistic. The moralistic culture views government as a force for good and places trust in it because citizens hold government accountable. Although this culture has spread from New England to the Pacific Northwest, it has had little foothold in Texas.
  • 35. Individualistic culture grew out of westward expansion throughout the nineteenth century. The individualistic culture does not consider government a vehicle for creating a just society and believes government intervention into public life should be limited. Today, the individualistic culture is found in a majority of the midwestern and western states. The Old South influences Texas politics, where conservatism, elitism, and one-party politics were long entrenched. Traditionalistic culture emphasizes the prevailing social order and views government as a vehicle to maintain the status quo and hierarchy. This is the dominant political culture throughout the south. C. Texas Political Culture The political culture of Texas was established over a long period of time and was developed under the flags of six national governments. In addition, Texas’ experience as an independent republic also played a large role in the shaping of its political culture 1. Texas Individualism. The political culture of Texas is strongly individualistic and those roots can be traced to the frontier experience of the early nineteenth century. Because of the hardships faced by many early Texans, many of today’s Texans view themselves as being more independent and self-reliant than
  • 36. most Americans. There is widespread dislike and distrust of government, and many Texans would rather take care of things themselves than rely on government to do it for them. The 1995 statute allowing Texans to carry concealed handguns is a reflection of its individualistic political culture. 2. Texas Traditionalism. Many of today’s Texans are descendants of those who lived here when the plantation system thrived and when much of the state’s wealth was concentrated in the hands of a few families. As a result, the traditionalistic influence of the Old South still lingers and is evident in the racist views held by some, and in the state’s social and economic conservatism. 3. A Changing Culture? While individualism and traditionalism have dominated in Texas since the nineteenth century, demographics are changing and so, too, might Texas’ political culture. Since the 1979s, Texas has seen an influx from other areas of the nation and even other countries. II. The Land Texas’s diversity is reflected in the variety of geographic features of the Lone Star State. A. The Politics of Geography The vast size of Texas and its physical geography have influenced the politics and policies of the state.
  • 37. 1. Size. Texas has more than 267,000 square miles of territory making it second only to Alaska in square miles. Due to its great size, public policy is affected. For example, there are more than 222,000 miles of roadways in the state. 2. Regions. Texas is a land where four major physiographic regions of North America—the Gulf Coastal Plains, the Interior Lowlands, the Great Plains, and the Basin and Range Province—come together. B. Economic Geography The foundation of the early economy of Texas rested with industries based on the land—cattle, cotton, and oil. 1. Cattle. The cattle industry thrived on plentiful land, open range, and the relative absence of governmental regulation. Currently Texas leads the nation in cattle production with an inventory of 13.8 million cattle (including 425,000 dairy cows), more than twice as many as the next largest producer. 2. Cotton. Cotton has been an important crop in Texas since before the Civil War. Texas produces almost half of the nation’s supply and nearly one-tenth of the entire world’s cotton supply. 3. Timber. Timber has played a large role in the economy of Texas since the mid-1800s. By the end of the twentieth century, Texas was the nation’s tenth largest timber producer; however, the
  • 38. drought and consequential wildfires that occurred in 2011 have negatively impacted timber production in our state. 4. Oil. For most of the twentieth century, Texas’s leading industry was oil but today the oil and gas industry accounts for less than 6 percent of the state’s economy. The influence of this industry on Texas politics is much less now than what it was at the middle of the last century. Increasing environmental concerns about oil spills and emissions have impacted the Texas oil industry, which is regulated by the Railroad Commission of Texas (RRC). I I I . T h e P e o p l e The population of Texas is rapidly increasing and is one of the most ethnically diverse in the United States. In fact, since 1850 Texas has seen its population grown more rapidly than the overall population of the United States. A. Demographic Features As of 2011, the population of Texas totaled 25,674,681, which was an increase of 23 percent from the 2000 census total. n? 1. Population Distribution. The diversity of the state is reflected by the great contrasts in population—from the almost four million inhabitants of Harris County to the 82 inhabitants of Loving County. Population shifts in the 1990s reflected a continued movement from rural to urban and from large cities to suburbs. 2. Urbanization. Although long perceived to be rural, Texas has
  • 39. become a predominantly urban state as people move to where the jobs are. Texas was 80 percent rural at the beginning of the twentieth century; by 1970 it was 80 percent urban. Today, 85 percent of Texans live in urban areas. 3. Metropolitanization. Metropolitanization concentrates large numbers of people in urban centers, which become linked in a single geographic entity. Texas’s metropolitan and micropolitan statistical areas (MSAs) contain more than 80 percent of the state’s population but less than 20 percent of the 254 counties. This plays a significant role in the legislature where those 48 counties account for about four of every five votes cast. B. Racial/Ethnic Groups Texas is one of the most ethnically diverse states in the nation, with minorities constituting more than 50 percent of its population. Texas has become a “majority-minority” state; in other words, the number of Hispanics, Asians, Native Americans, and African Americans combined is greater than Anglos. 1. Anglos. The Anglo population is numerically the largest and has been the largest in Texas for the last century and a half. According to the 2010 census, Anglos make of 45 percent of the state’s population. Although Anglos have lost majority status, they continue to dominate government, economic, and social institutions.
  • 40. 2. Latinos. The Latino population is the largest ethnic minority group in Texas and has contributed a rich heritage to the state. The 9.5 million Latinos in Texas compose more than one- third of the total population and more than 84 percent of Latinos in Texas are of Mexican origin. Their greatest proportion is in South Texas, but it is increasing throughout the state. Latinos have been gaining political power in Texas as evidenced by the more than 2,300 Latino-elected officials across Texas, which is the largest number of any state in the United States. 3. African Americans. The African-American population of Texas is large in number and has migrated to the urban areas, especially to Harris County, where its influence on local politics is great. They number 2.8 million and compose more than 11 percent of the total population. Houston and East Texas have over half of Texas’s African-American population. 4. Asian Americans. There are 948.000 people of Asian descent in Texas. Most Asian Americans live in the state’s largest urban centers including Houston and the Dallas-Fort Worth metroplex. While Asian Americans account for less than 4 percent of the state’s total population, they continue to add to the rich diversity of Texas. 5. Native Americans. It is estimated that approximately 170,000 Native Americans call Texas home. Although today small in number, Native Americans have had a very strong influence on the development of Texas. There are only three reservations in the state. Casino gambling on their property remains controversial. I V . S e a r c h i n g f o r N e w E c o n o m i c D i r e c t i o n s The economy, once dominated by landownership, is now
  • 41. diversifying. Texas has become a middle-class state, similar to the remainder of the nation. The decline in oil prices has spurred Texas to actively recruit new businesses. This has been a very successful effort. Not only are new businesses coming to Texas, they are thriving. In 2010, Texas tied California in the number of Fortune 500 companies. Houston and Dallas are second and third on the list of cities with the most Fortune 500 companies, after New York City. A. Energy Texas has some of the largest energy-related corporations in the United States. Companies like Exxon-Mobil and ConocoPhillips lead the pack. Exploration for cleaner sources of energy has resulted in reaction to environmental concerns. Natural gas is one the options being sought and as a result, hydraulic fracturing has become commonplace across the state with more than 216,000 active wells. Wind-generated power is another alternative energy source being developed and accounted for 8 percent of the state’s electricity in 2008. B. High Technology High technology applies to research, development, manufacturing, and
  • 42. marketing of electronic products. In 2005, the Emerging Technology Fund was created, providing $200 million to invest in emerging technology, but high-technology businesses employ less than 6 percent of the labor force in Texas. Even though that is a small percentage, Texas ranks second only to California in the size of its high- technology workforce. C. Biotechnology The number of biotech jobs has increased four times faster than the overall increase in employment in Texas, and there are more than 4,500 biotechnology firms across the state. D. Services One of the fastest-growing economic sectors in Texas is the service industry, employing one-fourth of all Texas workers. Various service industries have provided many new jobs in Texas, but most of these jobs pay low wages. One segment of the service industry, health care, has seen steady growth in employment due to the aging population of the state, the availability and use of new medical procedures, and the rapidly increasing cost of prescription drugs and other medical services. E. Agriculture Texas overall is second in the nation in agricultural production. Texas
  • 43. also leads the nation in many agricultural categories and exports many of its products. Of concern to Texas policymakers is the fact that the value- added segment of agriculture—processing—is done outside the state. Texas agriculture is a $16 billion industry. F. Trade More than 60 percent of U.S. exports to Mexico are produced in Texas or transported through the Lone Star State from other states. The North American Free Trade Agreement (NAFTA) was passed in 1993. By reducing and then eliminating tariffs over a fifteen-year period, the agreement stimulated U.S. trade with both Canada and Mexico. Recent political and economic crises have raised serious questions concerning the future of NAFTA, namely the escalating violence along the border involving drug gangs. V . M e e t i n g N e w C h a l l e n g e s : S o c i a l a n d E c o n o m i c P o l i c y I s s u e s This century will see Texans faced with public policy decisions concerning environmental protection, public and higher education, immigration, and the restructuring of the Texas economy. A. Immigration: Federal and State Problems Congress has attempted to reduce the flow of undocumented
  • 44. aliens by penalizing employers and by adding more enforcement personnel. The 1996 reform of federal immigration legislation continued this trend. In 2006, the federal government began constructing 700 miles of fencing along the border from California to Texas. Although legislation has been enacted at the federal level to address the issue of undocumented aliens, this issue continues to be a major controversy in Texas and the nation. ry of Immigration B. Water The state likely does not have enough water to meet projected population increases, meeting only an estimated 65 percent of demand in 2060. While conservation and alternative management are probably the only way to meet rising demand for water, the Texas legislature failed to pass legislation that would create the first permanent funding source for the state’s water plan in 2011. C. Environmental Protection Poor air quality and impure water are causing serious health
  • 45. problems for many Texans. Texas leads the nation in hazardous waste generated, air pollution emissions, amount of carbon dioxide emissions and greenhouse gases released, amount of toxic chemicals released into water, and amount of recognized cancer-causing carcinogens released into air. D. Education and Economic Development Texas is ranked at the bottom of the states in education and in the literacy of its residents. Both students and teachers are dropping out in significant numbers. Every year, approximately one-fifth of teachers in Texas quit. Students are not developing the literacy skills they need to compete and approximately one out of every three Texans cannot read or write well enough to complete a job application. Despite these difficulties, the Texas legislature cut education funding by $5.4 billion in 2011. E. Poverty and Social Problems Texas faces a number of social problems including high numbers of children living in poverty and in single-parent homes, births to unwed teenagers, juvenile arrests, and violent acts committed by teenagers and preadolescents. Texas continues to rank near the bottom of the fifty states in governmental response to poverty and social problems.
  • 46. V I . C o n c l u s i o n As demographics, economies, and environmental conditions change in Texas, policymakers and citizens face a variety of challenges. Local Government in Texas What is the constitutional basis for local government in Texas? Click on the following link to get a better understanding of local government in Texas: http://texaspolitics.laits.utexas.edu/7_5_0.html City Government services, enact regulations and tax. the governing body of a municipality to regulate such matters as building construction, land use practices, and driving habits. ty taxes, sales taxes, and
  • 47. other taxes and service charges. units of government, subject to the constitutions and laws of the US and the state of Texas. -law city is a municipality that is limited to those governmental structures and powers specifically granted by state law. They are bound by Dillon’s rule, which is a legal principle that a city can exercise only those powers expressly granted by state law. ties can take any actions not prohibited by state or federal law or the constitutions of the US and Texas. Forms of Local Government: -council – voters elect a mayor as the executive officer and a council that serves as a legislative body. The mayor and the council together make policy for the city. -manager – city council/mayor appoints a
  • 48. professional administrator called a city manager to act as chief executive of the city. Role of the mayor is limited. m – voters select a commission whose members exercise both executive and legislative powers. What are some examples of places that use each form of local government? http://texaspolitics.laits.utexas.edu/7_5_0.html Major budget items for city governments in Texas: police and fire protection, sanitation, streets, and health. What other items are included in the budget? Most important revenue source for cities: property tax. Then revenue from sales tax, federal aid, charges for services, fines and borrowing. County Governments
  • 49. general-law units of local government. County governments in Texas play a dual role in providing services to their residents and carrying out the functions of state government. collection, elections, road and bridge maintenance and building, and various other functions commissioners and the county judge. precincts. attorney, district clerk, county clerk, justice of the peace, constable, tax assessor- collector – What are the role of these officials?
  • 50. Who maintains legal records for district courts? Who is the county’s chief tax official? Who collects fees for automobile license plates? governments. What are some other revenue sources for county governments? nits of local government that provide public education to district residents. The governing body for ISDs is the board of trustees. What is their main job? government (taxpayers) fund public education. Which one spends the most on public education in Texas?
  • 51. Parental choice is the educational concept that allowing parents to choose which school their children will attend will lead to improvements in educational quality because schools will compete for students. Is this a viable solution to improving educational quality? What are charter schools and how are they organized and governed in Texas? Special districts are units of local government created to perform specific functions. What are the most common types of special districts? They are created to provide services that other units of local government cannot or will not provide.