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Chapter 6

Chapter 6. Local Government in Texas. Local Government: The Basics. Common characteristic of all local governments = they exist as an arm of the state government.

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Chapter 6

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  1. Chapter 6 Local Government in Texas

  2. Local Government: The Basics • Common characteristic of all local governments = they exist as an arm of the state government. • Dillon’s Rule—the principle that regardless of the type of local government, all local governments are creatures of the state government and have only those powers specifically granted to them by the state • local govts have no inherent sovereignty but are solely dependent on their state granted charter. • TX: const’l and statutory laws specify elections, which offices exist, types of taxes for specific funding of projects • Basic Texas units = counties, special districts, city and towns

  3. Relation to US Govt • Technically, local govts do NOT exist in US Const • US holds states responsible for local govt policies and procedures • Types of federalism • Dual: distinct and sep powers • Cooperative: joint or share responsibilities • Fiscal: use of financial incentives to change state behavior; local applies for grants from st or fed • Administrative: US est guidelines w/o fed monies which st must comply with

  4. County Government: History and Function • Developed from the municipality system of the Mexican Republic; today = 254 • County names reflect geographic and/or cultural features. (Orig. size based on travel to co cthouse and home in one day) [Harris vs Loving, 3.4 M:45]

  5. County Government: History and Function • Perform at least six basic functions (extensions) for the state government. • Key agents of program implementation • Accessibility: brings st govt closer to people • Operate cts, • Maintain vital records, • Collect funds for the state, • Conduct elections, • Enforce health regs, • Build and maintain roads • Misc such as sewage, water, hospitals, airports, libraries etc

  6. County Government: Governing Texas Counties • TX Local Govt Code governs ALL counties in same way • At center of county government is that county’s Commissioners Court • Legislative body, not judicial • partisan elections for 4 commissioners (SMDP) + 1 co judge (at large); 4 yr staggered terms

  7. County

  8. To assist the Court, voters elect a variety of county officials. • Sheriff – criminal only • Constable – minor crimes and civil cases • Tax assessor – collects prop taxes, license plate fees, title transfers, some register voters due to old poll tax role (others use county clerk) • These officials are assisted by a host of employees: • Most counties use a patronage system • Larger counties (over 200,000 people) use a merit system

  9. Governing • Each commissioner responsible for running his own district/precinct • Road and bridge maintenance; deter when and which as well as award contracts • Alcohol: as group determine county rules on sale, possession and consumption of alcohol; residents can vote to override

  10. Finances and Operations • Primary source of revenue for county = Property taxes • Property taxes permit the state of Texas to avoid the imposition of income taxes. • Sales tax = state, 6.25%, rest to city • Various fees, permits and assessments; ex. State car inspection fee, permit for bldg onto house • Privatization = process where govt sells off service to private company who takes responsibility ex. School buses, prison security • Contract outsourcing = process where govt makes contract with private company to perform specific service that govt traditionally provided; ex. Trash, recycling, toll roads

  11. Why do some cities never grow?

  12. Cities General Law • Lack city charter, governed by state law and city ordinances, less flexibility • Over 70 percent of cities in Texas are General Law cities Home Rule • gives large cities flexibility to adopt any form of city govt, change administrative structure and alter systems of electing city officials • Governed by city charter outlining: land usage, types of election, types of ordinances to be enacted • Greater powers of annexation • Retains HR status even if pop. falls below 5,000

  13. Cities: Forms • Weak mayor-council form of government (2%?) • Strong mayor-council form of government (40%) • Council-manager form of government (58%)

  14. Forms of City Government:Weak mayor-council • A directly elected mayor whose powers are diluted relative to the city council. • The mayor & city council share power over the creation and adoption of the city budget and enactment of ordinances, and choose the heads of various municipal departments. • Mayor same power as any member of council

  15. Weak mayor-council

  16. Forms of City Government: Strong mayor-council • Concentrates power in the hands of the mayor. • The mayor strong control over the preparation and adoption of the city budget and appointment of municipal government department heads. • In many cities, the mayor may be in a position to veto ordinances passed by the city council. In Texas, also called a mayor-commission, mayor-council, or mayor-alderman form of government

  17. Strong mayor-council

  18. Forms of City Government: Council-manager • most common form of city government • The elected mayor and city council hire a city manager to run the day-to-day operations of the city. • City manager hires the city dept heads, oversees depts, proposes ordinances, and develops a city budget. “The advantage of the council-manager system is the removal of day-to-day administration of the city from politics. …resulting management …more professional and more efficient” (p. 175)

  19. Council-manager

  20. A lost form of govt” -- city commission

  21. Cities: Elections • At-Large • At-Large by Place • Single-Member District • Cumulative Voting

  22. City Elections • At-Large by Place—Candidates declare that they are running for a particular position or seat on the city council. Place = position or holder, not a geographic location as in districts. The candidate that receives the most votes for that “place” wins a seat. • Single-Member District—A city is divided into several electoral districts. A candidate runs for a council position representing a particular district. Voters in each district cast a single vote for their preferred candidate. • Some use majority sys requiring over 50%, more ties and runoffs occur • Most use plurality – most votes wins the seat

  23. City Elections Cumulative Voting—Voters possess a number of votes equal to the number of seats on the council. Voters may choose to give all their votes to one candidate, or spread their votes among a few, or give one vote for each seat. • Allows voters to show intensity of support and enhances minority voting. • Void ballot if cast more votes than positions available Houston = hybrid, 9 members elected SMD and 5 members at-large

  24. Cities: Issues • Zoning and planning policies • Annexation • City budgets

  25. Zoning! • Policy whereby a city restricts how individuals and entities may use their property • Conflict betw rts of prop owner and broader needs of city (public good) • Residential (single-family vs apartments), commercial and industrial areas • Houston – conflict over bar and its customers parking in neighborhood; Heights’ “McMansions” and historic flavor of community

  26. Annexation Reasons for city to annex: 1) Residents want city services extended to them 2) Eco dev. – entice new business 3) Prevent being boxed in w. little growth potential 4) Increase city revenue (new prop tax base) 5) Increase seats in legislature

  27. Annex. Cont. • City permitted to annex up to 10% of its current land area each year, • can carryover if annex less than 10%; Max. in any year = 30% • Complicated process involving inventory of current services, public hearings, city required to match existing services w/in 3 years, etc • City incentives to businesses to relocate, etc: • Rebates on city sales tax • Reduce property tax rates • Build infrastructures for business (like access roads, freeway exit, utility connections close to bldg, aid in acquiring land) • ETJ= extraterritorial jurisdiction, power of city to control areas outside its physical city limits in unincorporated areas

  28. City budgets Never enough $$$ for demanded services or to repair infrastructure! • Revenue sources: property taxes • Franchise fees (cable, utility providers) • Hotel and motel occupancy tax • Sales tax on goods bought inside city lmts • Sell municipal bonds for special projects

  29. City vs County County: created by state, carries out specific functions of st legis City: created by citizens who seek add’l services from local govt not provided by county County: same, rigid form of govt for each county City: flexibility in form of govt and election sys County: limited to control of county only; no zoning City: controls ETJs, zoning and land use County: cannot change quickly City: more flexible, esp as revenues from dif sources, can adapt more quickly to pop and eco changes

  30. Other Forms of Local Government • School Districts: Independent and/or Consolidated • Art 7 of TX Const – rt to free public educ • Special Districts: • Provide a single service or limited services to the residents within its boundaries • Regs have force of law • Subject to Sunshine laws

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