Local Government

statute

is an individual law created by a legislature

County clerk:

main record-keeper for the county • Keep vital statistics for county and issue licenses • Maintain records for commissioners court and county courts • Responsible for records relating to property transactions

District clerk

main record-keeper of district court documents; can be combined with county clerk

Initiative

a proposal seeking legislation on a particular issue that is originated by the voters or residents of a city Legislative proposal delivered as a petition

County attorney

county official who prosecutes lesser criminal cases in county court

Referendum

• A direct effort to repeal an existing ordinance • Process of holding a referendum similar to city's initiative requirement • Requires some number of legitimate signatures on a petition calling for a repeal of a measure • Once signatures are obtained, the city council can either • Repeal the measure themselves • Or, hold an election in which voters to decide whether to repeal measure or not

City Ordinances

• A regulation enacted by a municipality or other local government. • Have the force of law but must comply with state and national laws. • Municipal and other local ordinances are issued under the authority derived from a grant of power (such as a city charter) by a sovereign entity (such as a state).

Single-member district (SMD)

• An electorate (geographic area) that elects only one office holder to a body with multiple members such as a legislature. • Council members Used by larger cities with councils greater than ten

Cities

• Approximately 1,221 cities in Texas • City/municipal governments are creation of the state • Perform greatest number of governmental functions • Generally, unit of local government with the most power (especially home rule) • Fall into two categories: general law and home rule cities

Mayor-council Governments

• Authority is divided among • Mayor with executive authority (CEO) • City council members who exercise powers akin to those of a legislative branch • Oldest form of municipal government • Dominant among general law cities; not popular in home-rule cities • Two forms • Strong mayor = executive powers concentrated in office of mayor • Weak mayor = executive powers of mayor are much more limited and fragmented; receives limited compensation

•Sheriff

• Chief law-enforcement officer within county government • In rural counties = major law-enforcement officer • Responsible for county jail and safety of prisoners • Can have considerable influence in county government

Four Basic Units of Local Government

• Cities • Counties • Special districts • Councils of government (COGs)

San Antonio, TX Dallas, TX Austin, TX El Paso, TX

Council-manager

The Direct Influence of Voters in Home Rule Cities

In home rule cities, voters can directly influence lawmaking in the city by participating in: initiative, referendum, and recall + petition

Expenditures

Police, fire/ems, libraries, roads, parks and rec, municipal court

Revenue

Property tax (most), sales tax, franchise fees, court fines, permit fees

Houston, TX

Strong mayor-council form of government

Petition

formal request affirmed by multiple signatures put before a governing body that expresses a position or requests a specific action • If petition receives enough legitimate signatures (amount determined by city's charter), the city council can either • Adopt measure itself • Or, put measure on ballot to be voted on in next election • If approved by council or by majority of voters, initiative becomes law (city ordinance)

District attorney

public official who prosecutes the more serious criminal cases in district court

Counties

• County government primarily a way of governing rural areas • Have very constricted governmental powers • Unlike cities, do not have the power to legislate • Function primarily as administrative arm of the state • Dual purpose: provides services and conduct administration

County auditor (200 in Texas)

• Does much of the work of the county treasurer • Public official; appointed by district judge • Receives and disburses county funds • In large counties, prepares county budget

At-Large Election (AL)

• Election in which officials are selected by voters of the entire geographical area • Mayor

What can be done?

• Federal or state governments can restrict action by local governments • Improve outcomes of incentives game • Keep incentives transparent • Measuring outcomes • "Clawback" provisions

Home Rule Cities

• Larger cities (5,000+ residents) • Residents have adopted a home rule charter • Citizens are free to decide how their government is structured as long as it is compliant with the Voting Rights Act. • Maximum property tax rate of $2.50 for every $100 valuation (or, 2.5%) • Texas Constitution and Legislature tell home rule cities what they CAN'T do • Home rule cities possess inherent powers = powers cities posses without specifically being granted those powers by the state • 335 home rule cities in Texas • More home rule cities in Texas than in any other state • Home rule charters delegate enormous power to local city government, but limits on local control remain.

County tax assessor-collector

• Maintains tax records • Collects taxes

Forms of Municipal Government

• Mayor-council • Commission • Council-manager

Constable

• Precinct-level county official involved with serving legal papers and, in some counties, enforcing the law • Elected office • Limited duties; roles vary by county

• If weak evidence that competition via tax incentives improves local economies, why do they persist?

• Prisoner's Dilemma • Elected leaders (i.e., governors and mayors) use incentives as tool to help their chances of reelection • Tax incentives supported by political independents

Recall

• Process for removing members of the city council prior to the expiration of their term • Begins with a citizen filing an affidavit (a written statement confirmed by oath or affirmation) with the city naming elected official to be removed and the reason(s) for seeking to remove them • Then, petition forms are issued • Required number of verifiable signature set by city charter • Deadline of obtaining signatures • Once petition forms verified, a recall election is scheduled • If majority of voters support the recall, elected official is officially removed and a new election held to fill vacated seat.

General Law Cities

• Smaller cities (< 5,000 residents) • 75% of all cities in Texas • Operate according to specific Texas statutes that enumerate their powers and duties; told with they CAN do. • Maximum property tax rate of $1.50 for every $100 valuation (or, 1.5%)

Council-manager Governments

• The "Texas Idea" led to third form of municipal government in which commissioners were replaced by a single city-manager • An elected city council performs legislative functions and hires/appoints a professional administrator to execute and manage the daily functioning of government • City manager • Chief executive and administrative officer • A professional; most have graduate degrees; receive large salary • Mayor and council salaries remain low; seen as part-time job • Powers of mayor varies; elected AL • Council members usually elected in SMD • Popular in cities with over 10,000 residents • Of 335 home rule cities, 251 have council-manager • Goal to balance an efficient city government with democratic political processes

Home Rule Charter (HRC)

• The rules under which a city operates. • Specifically, HRCs establish the city's governmental structure and the powers and duties of the branches of municipal government. • In some cases, grant government power to annex adjacent land • Local governments have considerable independent governing powers under these charters.

Commission Governments

• Usually found in small cities • Governed by an elected commission that exercises both executive and legislative powers • Usually between 5 and 7 members • Elected at-large (AL) • The "Texas Idea" (Galveston 1900) • Reflected desire to bring good business practices to city government and escape politics and inefficiencies found in the mayor-council form • Today, no city in Texas has a pure commission form of government (26 have some variation of it)