Unit 6 Local Government Local Government in Texas Units of Local Government County an administrative subdivision of the state Municipal governments incorporated subdivision of the state chartered by the state Special districts special purpose units of government Created either by a special act of the legislature or under a general statute Local Government Competing Theories of Sovereignty State Sovereignty all authority rests with the state Dillon s Rule Municipal corporations owe their origin to and derive their powers and rights wholly from the legislature Judge John F Dillon Iowa Supreme Court 1868 Local Sovereignty local governments have rights to exist powers to elect their officials and conduct their business 1 Unit 6 Local Government County Government in Texas Basic Characteristics of Counties Legal Status Administrative subdivision of the state Organization Decentralized County wide elected officials County commissioners elected by precinct County Officials Elected for a four year term Partisan Elections in November even year Overlapping terms of office for countywide officials and County Commissioners Salaries established by County Commissioner s Court based on authorization by state law 2 Unit 6 Local Government Constitutional Officers of County Government County Judge County Sheriff County Tax Assessor Collector Counties with a population of 10 000 or more County Clerk County Attorney 1 Some counties combine with DA County Treasurer 2 Can be abolished County Judge Presides over Commissioner s Court and has one of five votes Judge constitutional county court in counties with statutory county courts this function is optional and generally not exercised Coordinator administrator of various county programs Prepares and presents budget to County Commissioner s Court County Sheriff Enforces state laws Custody of prisoners county jail Serves and enforces orders of county district courts 3 Unit 6 Local Government District Attorney Criminal District Attorney Presents evidence to Grand Jury Prosecutes felonies and misdemeanors in districts with Criminal District Attorneys Tax Assessor Collector Collects property taxes Vehicle license and registration fees Registers voters except in counties with an election administrator County Clerk Custodian of legal records such as property deeds marriage licenses election records Issues licenses such a marriage Chief election official except counties with election administrator 4 Unit 6 Local Government County Treasurer Has been abolished in some counties County Treasurer banks county money approves purchase orders payroll serves as cash management officer County Attorney Serves as civil lawyer for County Prosecutes all misdemeanors Note In counties with a Criminal District Attorney the County Attorney position may be abolished and an Attorney for the County appointed by the County Commissioner s Court County Commissioners Selected by Precincts Serves on Commissioner s Court approve and supervise budget appoint non elected county executives Responsible for precinct roads parks Supervises many social service functions in larger counties 5 Unit 6 Local Government County Commissioners Court Voters Commissioner Pct 1 Commissioner Pct 2 County Judge Commissioner Pct 3 Commissioner Pct 4 Appointed Officers Appt by Commissioners Court County Attorney Road Administrator Right of Way Dept Home Demonstration Agent Veteran s Service Officer Health Officer Pathologist Personnel Officer Purchasing Agent Farm Demonstration Agent County Engineer Any others Required Functions of Counties Administration of Justice law enforcement courts jp county district for urban counties Tax Collection Record keeping and custody Elections ROW for state highways Administration of state mandated programs 6 Unit 6 Local Government Optional Programs County may undertake any optional programs not outlawed Major problem is financing such programs Examples include parks libraries health transportation airports waste disposal Galveston County 2004 Expenses County Revenues Property taxes 80 100 for general fund 15 100 for roads bridges 30 100 for maintenance of farm to market flood control 1 25 100 maximum property Sales taxes 1 2 cent only for counties that do not have transportation districts Fees Fines Federal Aid for specific programs 7 Unit 6 Local Government Galveston County 2004 Revenues Proposed Reforms for County Government Integrated organizational structure County Home Rule Ordinance powers for counties 8 Unit 6 Local Government Municipal Government in Texas Municipal Corporations Voluntarily created by the voters of the area Adopt a charter which dictates the form powers and restrictions on the municipal government Types of City Charters Home Rule for municipalities with population greater than 5000 Over 10 000 must adopt Home Rule Charter General Law Charters minimum 200 persons to 5000 9 Unit 6 Local Government Forms of City Government Mayor Council Strong Mayor Council Weak Mayor Council Special version for General Law Cities called Aldermanic Form Council Manager Commission Strong Mayor Council Voters Mayor City Council Department Heads Weak Mayor Voters Mayor Department Heads Council 10 Unit 6 Local Government Council Manager Voters City Council Mayor City Secy City Attorney City Manager Dept Head Dept Head Dept Head Dept Head Commission Form Voters Commissioner of Streets Member serves on city commission Public Safety Commissioner Member serves on the City Commission Director of Utilities Member serves on city commission Powers of Cities Note All of these are optional powers Cities are not required to perform any of these functions Protection police and fire health food inspection Welfare functions assistance to needy largely a state function now libraries parks and recreation Physical Services zoning housing streets drainage flood control Utilities water sewage solid waste electricity natural gas public transit airports 11 Unit 6 Local Government Municipal Finance Sales tax up to 1 cent per dollar with voter approval some cities may add an additional cent for special functions Property tax General Law 1 50 100 Home Rule 2 50 100 Occupation taxes taxes on privilege of doing business Fees Fines Federal aid Special District Government in Texas Special Districts Special purpose units of government May be created by Special Law a specific act of the Legislature General Law allow a special district to be created if voters approve and all conditions of the general