Unit 6 Local Government1Local Government in TexasUnits of Local Government– County- an administrative subdivision of the state– Municipal governments- incorporated sub-division 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.Unit 6 Local Government2County Governmentin TexasBasic Characteristics of Counties• Legal Status– Administrative subdivision of the state• Organization– Decentralized• County-wide elected officials• County commissioners elected by precinctCounty Officials• Elected for a four year term• Partisan Elections in November, even year• Overlapping terms of office for county-wide officials and County Commissioners• Salaries established by County Commissioner’s Court based on authorization by state lawUnit 6 Local Government3Constitutional 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 JudgePresides over Commissioner’s Court and has one of five votesJudge, constitutional county court (in counties with statutory county courts, this function is optional and generally not exercised)Coordinator/administrator of various county programsPrepares and presents budget to County Commissioner’s CourtCounty SheriffEnforces state lawsCustody of prisoners/ county jailServes and enforces orders of county/district courtsUnit 6 Local Government4District 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)Unit 6 Local Government5County Treasurer**Has been abolished in some counties– County Treasurer• banks county money• approves purchase orders/payroll• serves as cash management officerCounty 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 CourtCounty CommissionersSelected by PrecinctsServes on Commissioner’s Court-approve and supervise budget-appoint non-elected county executivesResponsible for precinct roads/parks Supervises many social service functions in larger countiesUnit 6 Local Government6County Commissioners CourtCommissionerPct 1CommissionerPct 2County Judge CommissionerPct 3CommissionerPct 4VotersAppointed 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 programsUnit 6 Local Government7Optional Programs• County may undertake any optional programs not outlawed. Major problem is financing such programs. Examples include•parks• libraries• health• transportation (airports)• waste disposalGalveston County- 2004ExpensesCounty Revenues– Property taxes• $.80/$100 for general fund• $.15/$100 for roads & bridges• $.30/$100for 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)Unit 6 Local Government8Galveston County 2004RevenuesProposed Reforms for County Government• Integrated organizational structure• County “Home Rule”• Ordinance powers for countiesUnit 6 Local Government9Municipal Government in TexasMunicipal 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 5000Unit 6 Local Government10Forms of City Government• Mayor Council– Strong Mayor-Council– Weak Mayor-Council» (Special version for General Law Cities called Aldermanic Form)• Council Manager• CommissionStrong Mayor CouncilDepartment HeadsMayor City CouncilVotersWeak MayorMayor Department Heads CouncilVotersUnit 6 Local Government11Council ManagerCity Secy City AttorneyDept Head Dept Head Dept Head Dept HeadCity ManagerCity CouncilMayorVotersCommission FormVotersCommissioner of StreetsMember serves on city commissionPublic Safety CommissionerMember serves on the City CommissionDirector of UtilitiesMember serves on city commissionPowers of CitiesNote: 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, airportsUnit 6 Local Government12Municipal Finance–Sales tax• up to 1 cent per dollar with voter approval (some cities may add an additional ¼ cent for special functions.– Property tax• General Law $1.50/$100 • Home Rule