TEXAS LOCAL GOVERNMENTS

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1 TEXAS LOCAL GOVERNMENTS Local Governments: City Governments = 1,209 County Governments = 254 counties Special District governments = 3,372 including 1,082 school districts County Government Current Constitutional goal was to limit government s power. County government s authority is fragmented into offices: county judge, commissioners, county attorney, district attorney, sheriff, treasurer, auditor, tax assessor-collector, county clerk, judges, district clerk, justices of the peace, constables, and others. County officers (except the auditor) are elected to four-year terms. Counties run state elections and are on the same ballot in partisan elections. All officers are elected county-wide except the 4 commissioners, the justices of the peace, and constables. County Commissioners Court: - Source of information on County Commissioners court is the primary governing body of county Constitution creates these One county judge and four county commissioners County judge also formally hears cases in the constitutional county court County judge is chief executive officer of the county and voting member and chair of commissioners court Commissioners Court is the legislative body for the county, adopts budget for all county offices, sets tax rates, oversees county programs and county redistricting Commissioners are elected from single-member districts called precincts Serve four-year, staggered terms, 2 elected every 2 years Each is responsible for building and maintaining county roads in his/her precinct, historically called road commissioners They redistrict themselves into four equal precincts Avery v. Midland County Supreme Court said one-person, one-vote standard applied to counties, so must be done on population instead of geographical size Hood County --- o County Judge: Darrell Cockerham o County Commissioners: P1 = James Deaver P2 = Butch Barton P3 = Bruce White P4 = Steve Berry

2 District Attorney and County Attorneys: District Attorney is usually chief prosecutor for violation of state laws DA may be elected and serve one county, but in areas of small population, the DA may be elected from and serve a judicial district of more than one county County Attorney most counties, elected, provides legal advice and services to county government, can prosecute criminal cases if no DA, represents the county in civil cases Hood County District Attorney Rob Christian Hood County Attorney Matt Mills Sheriff Sheriff is the chief law enforcement officer in county Usually operate in the unincorporated areas of the county and leave cities to municipal police departments May contract to provide law enforcement for small cities Hires deputies to protect citizens, serve warrants and civil papers, conduct criminal investigations, arrest offenders, operate county jail Hood County Sheriff Roger Deeds County Clerk & District Clerk County Clerk keeps records for the county commissioners court and for county courts Official keeper of records including real estate titles and marriage licenses Responsible for conducting county and state elections unless separate elections administrator District clerks keep records for district courts, may serve several counties in a judicial district Hood County Clerk: Katie Lang District Clerk: Tonna Trumble Hitt Constables & Justices of the Peace Justices of the Peace and Constables provide judicial and court services. The number varies from county to county, depending on population size and on local initiatives asking the legislature for special consideration. Constables: o Constable is an old term for law enforcer from England ( Mary Poppins, colonial times) o Constables are certified peace officers; they have the same enforcement powers as other peace officers, as defined by the Texas Code of Criminal

3 Procedure Article They often participate actively in criminal investigations. They are law enforcement for the JP courts o In some counties, constables focus on truancy cases. In addition to performing traditional law enforcement functions, the constable also serves as bailiff for the justice courts and serves subpoenas and papers necessary to the functioning of both the civil and criminal justice systems. o The constable also plays an important role in making sure the judgments rendered in civil cases are paid. The constable also must keep accounts of the financial transactions of the office and is responsible for property seized or money collected through law enforcement action or by court order. o Commission Rule Legislatively Required Continuing Education for Licensees requires that individuals appointed as peace officers shall complete at least 40 hours of continuing education training and must complete a training and education program that covers recent changes to the laws of this state and of the United States pertaining to peace officers every 24-month unit of a training cycle. Justice of the Peace: o The justice of the peace presides over the most accessible court to the average citizen. Justices of the peace hear misdemeanor cases punishable by fine only and can hear most civil cases in which the amount in controversy does not exceed $10,000. o The justice of the peace also performs the functions of a magistrate and conducts inquests. In addition, a justice of the peace may issue warrants for search and arrest. Justices of the peace also issue civil process, conduct preliminary hearings, administer oaths, perform marriages and serve as a coroner in counties where there is no medical examiner. County Tax Assessor-Collector Responsible for collecting local property taxes, registering voters (counties w/o election clerk), registering automobiles, collecting motor vehicle sales taxes and registration fees. They do not assess property values anymore, because this is now done by a central appraisal district. Hood County: Teresa McCoy Hood County Services: o Vehicle Titles & Registrations o Boat & Boat Motor Titles & Registrations o Beer, Wine & Liquor Permits/Licenses o Notary Services* o Special Inventory Tax Collections County Treasurer County s money manager

4 Deposits revenue collected by the county, signs checks, disburses funds, keeps accounts of receipts and expenditures of county funds, invests county funds Hood County Treasurer: Kathy Davis County Auditor All but the smallest counties are required to have one Audits records of all county officers and departments, helps prepare the county budget, sets up and administers the accounting systems Appointed for a two-year term by the district court Some counties think they only need auditor or treasurer, but not both Constitution has been amended to repeal the requirement for some specific counties, but not for others ELECTIONS A key function of county government is administering elections. Counties have independent authority to make many election decisions, and uniform election procedures do not always exist from county to county. Texas legislature in 2001 revamped county election authority and procedures: o punch card ballots would be phased out o any new voting system must meet accessibility needs of disabled voters o butterfly ballots are prohibited o ballots must be hand inspected o ineligible-voter lists must be verified by the county o State mandated the creation of a statewide voter registration list and the provision of at least one direct recording electronic voting device at each polling place Hood County Elections Administrator and County Voter Registrar: Jenise Miller FINANCES/REVENUE Most property tax revenues go to school districts In 1987, the legislature allowed counties to collect a sales tax, but only if the county is not part of a metropolitan area with a metropolitan transit authority that collects a sales tax Counties have increased reliance on fee revenues like motor vehicle registration fees Some fees are pass-through: counties collect the state-imposed fees and send the money to Austin, retaining a small portion allowed for county overhead Counties are authorized to collect: jury fees, processing fees, hot check fees, crime-stopper fees, video fees, witness summons fees, breath-testing fees, courthouse security fees, etc Court fees

5 CITIES Texas has 1,209 cities. Houston is the largest, with million HOME-RULE proposals started in Missouri in 1875 with the idea that city leaders need tools to address their local problems Home-rule allows cities to adopt their own charters and decide how to govern themselves. In 1911, the Texas legislature proposed a constitutional amendment for municipal home rule, stipulating that cities with more than 5,000 people be able to write their own city charter, and voters approved it in In 1913, the legislature passed a law implementing home rule, stipulating that home-rule cities may adopt any provisions that are not inconsistent with the state constitution or statutes. Today 315 cities are home-rule cities. Other cities are GENERAL-LAW cities have fewer than 5,000 and are governed by the general state laws regarding municipalities Local Government Code spells out the form and powers of the city government, and even specific actions that the city must follow --- for example, stipulates that general-law cities contract with a newspaper in the municipality to publish all ordinances, notices, and other matters to be published Home-rule Cities, according to Local Government Code, may adopt and operate under any form of government and that the municipality has full power of local self- government. Some home-rule cities operate their own electric company The Local Government Code is full of convoluted statutes and terminology o For example, the Local Government Code stipulates that if the city of Houston does not adopt a voter-approved local ordinance providing for some single-member districts, then it must follow a specific form spelled out in the statute. Other sections apply only to the city of Austin CITY GOVERNMENTS For most general-law cities, the Local Government Code mandates a mayorcouncil or commission form of government Home-Rule Cities can choose their own form of government. Four general types are: weak mayor-council, strong mayor-council, councilmanager, and city commission About 290 Texas home-rule cities have chosen the council-manager form, 15 have chosen weak mayor-council, and 4 have chosen strong mayor-council WEAK MAYOR COUNCIL o The mayor could be elected at large or by the city council from among their members.

6 o The mayor has authority to preside over city council meetings, is the symbolic head of government, and presides at ribbon-cutting ceremonies, but is essentially equal in power to other city council members o The council hires, manages, and fires city staff STRONG MAYOR COUNCIL o Mayor is elected citywide, presides at city council meetings, hires, manages, and fires city staff, may have the power to veto actions of the city council o Most large American cities have strong mayors, but few cities in Texas. o Only Houston uses strong mayor-council o Dallas defeated strong-mayor proposals twice in 2005 COUNCIL MANAGER o Professional manager is hired by the city council to run the city o Hires, manages, and fires staff, adopts budget and tax rates o Most home-rule cities in Texas have city managers --- Austin CITY COMMISSION o After hurricane devastated Galveston in September, 1900, killing an estimated 8,000-10,000 people, Galveston revamped its city government o Gave authority to specific individuals commissioners to govern particular policy areas (like public health, public safety, public improvements) o Galveston built a major sea wall, propped up houses and buildings, and cleaned up and rebuilt the city o Commissioners meet as a body to adopt budgets, set tax rates, and perform other communal functions, o Each individual member has authority in the specified functional area o Today, no Texas city uses this form Finances/Revenue of City Government Cities use municipal sales tax, property taxes, occupation taxes, fees, and bond sales Cities charge fees for services such as electricity, water, and garbage collection Sewage and water treatment and usually highest priority in budgeting Economic Development Corporations to bring in business Annexation Enlargement of a city s corporate limits by incorporating surrounding territory into the city Home-Rule cities have had unilateral power to annex since around 1912 In 1963, state legislature passed the Municipal Annexation Act to restrict homerule cities leeway in annexing, changed many times since

7 Extraterritorial Jurisdiction is the area outside a city s boundaries, but which the city may exercise limited control Under the Municipal Annexation Act, a city may expand its municipal boundaries by an area up to 10% of its geographic are in any one year. The city is not required to obtain the consent of anyone for annexation, though it must hold public hearings City also controls an ETJ of up to five miles from its city limits, depending on its population size. The act states that the purpose of limited municipal controls in areas beyond city limits is to promote and protect the general health, safety, and welfare. When a city decides to annex territory, it cannot annex any area within the existing ETJ of another municipality, and it must provide services to those areas within timelines specified in the act Municipalities with a population greater than 225,000 may annex an area for the limited purposes of applying its planning, zoning, health, and safety ordinances in the area, without the consequences of full annexation limited-purpose annexation provides stronger municipal controls than ETJ restrictions but less than full annexations Strip Annexation allows a city to annex narrow strips along highways in order to extend city boundaries (and ETJs) to outlying areas quickly may not have to wait the 3 years? (LOOK THIS UP) After 1999 Amendments, to annex, a city must: o Develop a 3-year plan for annexation and not annex the targeted are during that 3-year period o Make an inventory of the current services in the area o Provide to the annexed area all services currently in the original city boundaries no later than 2 ½ years after annexation o Require negotiations and arbitration regarding services o Conduct at least 2 public hearings o Not reduce level of services in the area from what they were before annexation Politics in City Government Unlike county elections, municipal elections in Texas are nonpartisan At-large-by-place Elections all candidates had to run for office across the entire city, most Texas city council elections Single-member districts a legislator runs from and represents one district rather than the entire geographic area encompassed by the government Cumulative voting a method of voting in which voters have a number of votes equal to the number of seats being filled, and voters may cast their votes all for once candidate or split them among candidates in various combinations

8 Proportional Representation awards seats based on the proportion of the vote that a political party receives for a legislative body NON PARTISAN ELECTIONS! SPECIAL DISTRICTS Water Districts Constitution authorizes the legislature to create special districts for water management and for conservation and development of natural resources. Water Code regulates the creation of groundwater conservation districts and the election of their local boards. District may be composed of all or part of other political subdivisions, such as counties or cities, may encompass several counties, but voters in each county must approve it Brazos River Authority SCHOOL DISTRICTS