Chapter 11 Local and County Governments and Special Districts in TexasTypes of MunicipalitiesForms of Municipal GovernmentMayor-CouncilCouncil-ManagerCommissionAt-Large SystemPlace SystemSingle-Member DistrictsSheriff:Constable:District or County AttorneyDistrict ClerkCounty ClerkTax Assessor–CollectorTreasurerChapters 3, 4, 11 ReviewChapter 11 Local and CountyGovernments and SpecialDistricts in TexasLocal government is defined as any level of government below the state level. Specifically, it includes three levels: municipal (or city), county, and special district. Local governments perform a wide range of services, from building roads andkeeping them clean and safe to collecting garbage and providing health care for the homeless.Types of MunicipalitiesThere are in essence two types of cities: general law and home rule.General LawThree-fourths, or approximately 900, of Texas’s municipalities are classifiedas general law cities. General law cities can be any size, but almost all cities under 5,000 in population are general law cities. General law cities have limited autonomy. These cities are closely regulated and monitored by the state and may do only those functions that are permitted by state or federal law. In other words, these cities are characterized by having lower taxes, smaller populations, and fewer employees and by providing only the most basic services.Home RuleFor the most part, home rule cities have the opposite characteristics of general law cities. The major difference is the degree of autonomy, or local control. A home rule city may do anything that its own charter authorizes and does not conflict with any existing state or federal law. This degree of autonomy enables home rule cities to provide a greater array of services, including transportation, health care services, and public housing.In order to obtain home rule status, the city must adopt a charter, which must be approved by the Texas legislature. Much like the federal governmenthas the ability to create sub-governments (i.e., the states), the state has the power to create and have some degree of control over local governments.Forms of Municipal GovernmentEssentially three forms of municipal government exist in Texas: mayor-council, council-manager, and commission. Each home rule city can create and modify its form of government based on the desires or needs of the community. General law cities may make some modifications to suit the needs of the citizens but to a much lesser extent.Mayor-CouncilThis type of arrangement is widely used in most of Texas’s less populated and rural cities. It is a simple form of government in which most of the day-to-day executive operations are carried out by either the mayor or by a city council. Most mayor-council municipalities have only a few departments; therefore, the salary of a full-time, professional administrator or manager is not justified.The mayor-council form of municipal government is used primarily by the smaller cities of Texas, with one significant exception. Houston, the largest city in Texas and fourth-largest American city, operates under this form of government with great efficiency. Houston’s strong mayor sets the city council agenda and presides over council meetings. He or she also has veto power that in practice is often final.Council-ManagerThe council-manager form of government is used by most medium- and larger-sized cities in Texas and throughout the United States. The qualified voters who reside in the city elect a city council and a mayor, which in turn hire a city manager to carry out the council’s policies. Mayors under this system have limited powers and, somewhat like the governor, must rely on the force of their personalities to have an impact.CommissionOnly a handful of cities operate under the commission form of municipal government. Rather than an elected council, these cities elect commissioners, and each commissioner is responsible for overseeing a specific component of operations. For example, a single commissioner oversees police and fire, parks and recreation, or public streets. The commission system is often criticized for being too fragmented, as there is usually no single individual who has overall responsibility of the local government.All municipal elections in Texas are nonpartisan, meaning that the political party affiliation of the candidates is not identified during the campaign or on the ballot. The mayor and council members of your city do not run as Republicans, Democrats, or by any other party label.If there’s one thing that all cities—regardless of type—have in common, it’s that they all have governing bodies. These are called city councils, and they consist of one mayor and a number of 6-8 city council members.Texas cities use three different variants to fill their council seats: the at-large system, the place system, and the single-member district system.At-Large SystemThe at-large system is the most common type of local election because it works best for small towns, and the majority of Texas’s 1,200 towns have populations of less than 5,000.4 The term at-large means city-wide. Since there are no precincts or districts, voters are free to choose whomever they wish to represent them. The candidates essentially all run against one another, and the top vote-getters sit on the city council.Place SystemThe place system is most often used in medium-sized. In this variation of the at-large system, the seats on the city council are distinguished by numbers, such as “places” one, two, three, and so on. Candidates filing for office are required to run for a particular place, and only one council memberis selected per place by way of popular vote. The place system most benefitspolitical newcomers because it does not force them to compete against established, popular incumbents. Rather, candidates may choose the seat forwhich they would like to run.Single-Member DistrictsThe state’s larger cities tend to be more diverse and thus prefer to have diversity on the city councils. The way to achieve diversity is through single-member districts (sometimes called wards). Under this system, the city is divided into districts, and voters within these districts only may vote for candidates who reside within them. The system is the best way of ensuring that ethnic or political minorities receive representation on the city council. Usually, the mayoral candidate runs at large because the mayor
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