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9.2 Local government in Texas: counties, cities, and special districts

Last Updated on August 16, 2024

Texas local government is a complex system of counties, cities, and special districts. Counties act as administrative arms of the state, providing essential services across large areas. Cities have more autonomy, focusing on specific urban or suburban communities with broader powers.

Special districts fill gaps by offering specialized services. Each entity has unique responsibilities, powers, and funding mechanisms. Understanding these structures is crucial for grasping how local governance works in Texas and impacts daily life.

Texas Local Government Structures

Counties, Cities, and Special Districts Overview

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  • Counties serve as administrative arms of state government providing essential services to incorporated and unincorporated areas
  • Cities have more autonomy focusing on providing services and governance to specific urban or suburban areas within their boundaries
  • Special districts fulfill specific functions or provide particular services not covered by counties or cities
  • Counties have broader jurisdictions covering larger geographical areas while cities have more concentrated governance over smaller densely populated areas
  • Cities pass ordinances and regulations specific to their communities whereas counties generally enforce state laws
  • Special districts often overlap with county and city boundaries providing specialized services (water management, healthcare, education)
  • Funding mechanisms differ among these entities
    • Counties rely heavily on property taxes
    • Cities utilize various local taxes and fees
    • Special districts often use targeted assessments or fees

Comparative Responsibilities and Powers

  • Counties maintain public records, operate jails, build and maintain roads and bridges, and administer elections
  • Cities have more diverse responsibilities including local law enforcement, zoning, economic development, and utilities management
  • Special districts focus on specific services (fire protection, flood control, library services)
  • Counties have limited ordinance-making powers primarily implementing state laws and policies at the local level
  • Cities, especially home-rule cities, have broader authority to create local laws and regulations
  • Special districts have narrow but specialized authority within their designated purpose

County Government in Texas

Structure and Composition

  • Texas has 254 counties each governed by a Commissioners Court
  • Commissioners Court consists of a County Judge and four County Commissioners
  • County Judge serves as chief executive officer of the county and presides over the Commissioners Court
  • County Commissioners elected from four precincts within the county oversee county operations and budget decisions
  • Other key elected officials in county government include:
    • Sheriff
    • County Clerk
    • District Clerk
    • County Treasurer
    • County Tax Assessor-Collector
    • Justices of the Peace

Functions and Responsibilities

  • Maintain public records (property deeds, birth certificates, marriage licenses)
  • Operate county jails and support law enforcement
  • Build and maintain roads and bridges in unincorporated areas
  • Administer elections for all levels of government
  • Provide essential public health services (county hospitals, health departments)
  • Operate county courts handling misdemeanors and civil cases
  • Manage various social service programs (child welfare services, veterans services)
  • Implement state laws and policies at the local level
  • Limited ordinance-making powers compared to cities

City Government Forms in Texas

Classification and Forms

  • Texas cities classified as general-law cities or home-rule cities
  • Home-rule cities have more autonomy and power
  • Three primary forms of city government in Texas:
    • Mayor-Council
    • Council-Manager
    • Commission
  • Mayor-Council form features strong mayor as chief executive with city council serving as legislative body
  • Council-Manager form employs professional city manager for day-to-day operations while mayor and council focus on policy-making
  • Commission form less common combines legislative and executive functions in small group of commissioners overseeing specific city departments

Characteristics and Powers

  • Home-rule cities adopt their own charters and have broader authority in local affairs subject to state law limitations
  • General-law cities are smaller municipalities operating under state statutes with more limited powers
  • Cities have power to:
    • Levy taxes and fees
    • Enact and enforce local ordinances
    • Provide municipal services (police, fire protection, waste management)
    • Regulate land use through zoning
    • Engage in economic development initiatives
  • City councils serve as primary legislative bodies making local laws and policies
  • Mayors' roles vary depending on the form of government from ceremonial to strong executive powers

Special Districts in Texas

Types and Purposes

  • Created to provide specific services or address particular needs not adequately met by existing local governments
  • Common types of special districts:
    • School districts (manage public education in defined areas)
    • Water districts (provide water services, flood control)
    • Hospital districts (operate public hospitals and healthcare services)
    • Emergency services districts (coordinate fire protection and EMS)
  • Municipal Utility Districts (MUDs) prevalent in Texas responsible for providing water, sewage, and drainage services in developing areas
  • Tax Increment Reinvestment Zones (TIRZs) finance public improvements in designated areas to promote economic development
  • Community College Districts operate as special districts providing higher education services within specific geographic areas

Creation and Governance

  • Special districts created by:
    • Texas Legislature
    • County commissioners courts
    • Local elections depending on type and purpose
  • Often have power to levy taxes or collect fees to fund operations
  • Governed by elected or appointed boards
  • Boundaries may overlap with counties and cities
  • Provide targeted services (library systems, mosquito control, soil conservation)
  • Operate with varying degrees of autonomy depending on their enabling legislation and purpose

Key Terms to Review (21)

Sam Houston: Sam Houston was a prominent American soldier and politician who played a key role in the history of Texas, particularly during its struggle for independence from Mexico and its subsequent status as an independent republic. He served as the first and third president of the Republic of Texas and was instrumental in leading Texas forces to victory at the Battle of San Jacinto, which secured Texas independence.
Annexation of Texas: The annexation of Texas refers to the formal incorporation of the Republic of Texas into the United States as the 28th state on December 29, 1845. This significant event was driven by various factors including the desire for territorial expansion, the influence of Manifest Destiny, and the economic and social dynamics of the time, ultimately affecting immigration patterns, state government structure, and local governance within Texas.
Texas Revolution: The Texas Revolution was a rebellion from October 1835 to April 1836 in which American settlers in Texas fought for independence from Mexico. This conflict marked a significant turning point that led to the creation of the Republic of Texas and influenced various aspects of Texas's political, economic, and social landscape.
Fire protection district: A fire protection district is a special district that provides fire prevention and suppression services to a specific geographical area, which may not be covered adequately by existing municipal or county fire departments. These districts are established to ensure that residents have access to essential firefighting resources and emergency services, often funded through property taxes or fees.
School district: A school district is a specific administrative unit responsible for managing public education within a designated geographic area. These districts oversee the operation of local schools, including budgeting, curriculum development, and hiring of staff, ensuring that educational services meet the needs of their communities.
Budget constraints: Budget constraints refer to the limitations imposed on local governments regarding their spending and resource allocation based on available revenues. These constraints ensure that counties, cities, and special districts operate within their financial means, influencing the services they can provide and the projects they can undertake. Understanding budget constraints is crucial for local governance, as they dictate fiscal responsibility and shape community development.
Lyndon B. Johnson: Lyndon B. Johnson was the 36th President of the United States, serving from 1963 to 1969 after the assassination of John F. Kennedy. His presidency is known for significant domestic policies, especially the Great Society programs, which aimed to eliminate poverty and racial injustice, and for his role in escalating U.S. involvement in the Vietnam War.
Water district: A water district is a specialized governmental unit in Texas responsible for the management and provision of water services, including supply, treatment, and distribution of water to residents and businesses. These districts operate independently or in coordination with local governments to ensure efficient water usage and infrastructure development, addressing both current and future water needs in their designated areas.
Urban sprawl: Urban sprawl refers to the uncontrolled expansion of urban areas into the surrounding rural land, resulting in low-density development and the spread of suburbs. This phenomenon often leads to increased reliance on automobiles, changes in land use, and can impact local governance as communities must address the challenges associated with infrastructure, zoning, and service provision in newly developed areas.
Commission form of government: A commission form of government is a system where a city's administration is managed by a board or commission made up of elected officials, each responsible for different aspects of local governance. This model emphasizes a more streamlined approach to governance, allowing for faster decision-making and accountability by combining legislative and executive powers in one body. It is often used in cities looking to enhance efficiency in local administration.
Infrastructure maintenance: Infrastructure maintenance refers to the ongoing process of preserving, repairing, and upgrading essential public facilities and services that support community functions. This includes roads, bridges, public buildings, utilities, and parks, which are vital for local government operations and overall quality of life. Maintaining infrastructure ensures that these systems are safe, efficient, and able to meet the needs of residents.
Mayor-council system: The mayor-council system is a form of local government where a mayor acts as the chief executive officer, while a council serves as the legislative body. This structure is common in many cities and allows for a clear division of powers between the elected mayor and the city council, facilitating decision-making and governance at the municipal level. The system can vary in its structure, with some cities having a strong mayor who has significant authority and others featuring a weak mayor with limited powers.
Local Government Code: The Local Government Code is a comprehensive set of laws in Texas that governs the organization, powers, and responsibilities of local governments, including counties, cities, and special districts. This code provides a framework for how these entities operate and make decisions, ensuring that local governance is conducted in accordance with state law while allowing for some degree of local autonomy.
Public Safety: Public safety refers to the protection of citizens from crime, disasters, and other emergencies, ensuring a secure environment for community living. It involves various local government functions such as law enforcement, fire services, and emergency medical services, all of which play a critical role in maintaining order and responding to crises within communities.
Dillon's Rule: Dillon's Rule is a legal principle that holds that local governments have only the powers specifically granted to them by the state. This means that municipalities, counties, and special districts can only exercise authority explicitly provided in their charters or state law, making their powers more limited compared to those of the state. This rule influences how local governments operate in Texas, shaping their ability to legislate and govern effectively within their jurisdictions.
Home rule: Home rule refers to the power of local governments to self-govern and make their own laws without needing approval from the state government. This concept allows cities and counties in Texas to operate with greater autonomy, especially in areas like zoning, taxation, and local ordinances. By granting home rule, the state provides local entities with the flexibility to address their unique needs and challenges while ensuring they remain aligned with state laws.
Zoning authority: Zoning authority refers to the power granted to local governments to regulate land use and development within their jurisdiction. This authority enables municipalities and counties to create zoning laws that designate specific areas for residential, commercial, industrial, or agricultural purposes, ensuring organized growth and community planning.
Special district: A special district is a form of local government created to provide specific services within a designated geographic area, often encompassing multiple cities or counties. These districts are established for various purposes, including water management, transportation, public education, and emergency services, allowing for focused governance tailored to particular community needs. Special districts play a crucial role in local governance in Texas, complementing the functions of counties and cities by addressing specialized service demands.
County government: County government is the administrative body that governs a specific geographic area within a state, typically responsible for local services such as law enforcement, infrastructure maintenance, and public health. It serves as a crucial link between state and local governance, managing various responsibilities that directly affect the lives of residents in their jurisdictions.
City council: A city council is a legislative body that governs a city, responsible for making laws, setting budgets, and overseeing city services and policies. It typically consists of elected officials who represent various districts or wards within the city, making it a key component of local governance and community representation.
Texas Constitution: The Texas Constitution is the fundamental legal document that outlines the structure, powers, and functions of the Texas state government and its local governments. This constitution establishes the framework for governance, detailing the rights of citizens, the organization of state institutions, and the relationship between state and local entities. Its provisions directly impact how state and local governments operate within Texas.