Government 2306
Williams
UNIT 3 LECTURE NOTES
The Judiciary, the Substance of Justice and Local Governments
The Judiciary
The judicial system in Texas is quite confusing. Indeed, of the three principle branches of government,
most critics cite the judiciary in Texas as the branch requiring the most overhaul. Elected judges,
concurrent (overlapping) jurisdictions and two supreme courts are just a few of the many things that critics
offer as reasons for overhauling this branch of government.
The judiciary in Texas is comprised of a so-called justice system (which includes the courts, the judges, the
lawyers, the juries, the state attorney general, and all the people that make up the process by which law is
applied) as well as a the state constitution, the laws, and the opinions of the courts that make up the rules of
society.
Before we begin discussion of the court system in Texas, we must first understand some basic principles
that apply to how we distinguish what types of cases a court will hear. First of all, all laws are organized
into two codes: criminal law and civil law. Essentially, the two codes are distinguished by the way that
society views violations of its rules.
Criminal law. Criminal law, also called criminal code or penal code, deals with acts that are considered to
be an offense against society. If something is deemed a criminal offense, then society has made the
determination that the offense is considered to be of sufficient gravity that society at large should punish
the perpetrator. Crimes such as murder, robbery, shoplifting, loitering, and embezzlement are criminal
offenses, even though the number of people affected by a particular crime may be quite small. Crimes are
classified into misdemeanors, which are considered to be less serious, and felonies, which are more
serious crimes. The enforcement and prosecution of criminal law and the punishment of those who break it
takes place within the criminal justice system.
Civil law. Civil law arises from disputes between individuals. In the legal system, an individual may be a
person, a corporation, an institution (such as a university), or even a government agency. Civil law is
usually associated with the filing of a lawsuit. When one party sues another, the implication is that one
party has been harmed by the other. Civil law serves the purpose of rectifying the harm suffered. The
actions of one person have caused another person to suffer a decrease in the level of welfare of that person.
A lawsuit serves to restore the level of welfare. Civil suits may result from the harm caused by such things
as discrimination in employment, slander, a breach of contract, or personal injury. A civil wrong is
sometimes referred to as a tort, or a claim of injury. That is why you may sometimes hear the term “tort
law” substituted for civil law.
A court’s authority to hear certain types of cases is known as its jurisdiction. There are several types of
jurisdiction. Courts in Texas may have criminal jurisdiction (hearing only criminal cases) or they may have
civil jurisdiction (hearing only civil cases, or they may have both. Courts are also differentiated by whether
they are courts of original jurisdiction or appellate jurisdiction.
Original jurisdiction. Means that a court may conduct hearings that deal with matters of fact in a case, a
trial. A court of original jurisdiction determines a person’s guilt or innocence. There are courts of original
jurisdiction at the local, county, and state levels, distinguished from each other by the types of cases being
heard (e.g., civil vs. criminal, the seriousness of the crime, state laws vs. municipal laws).
Appellate jurisdiction. Refers to the ability to conduct hearings that deal with matters of proper trial
procedure or constitutional rights. Appellate courts review trials. An appellate court’s determination that
proper procedure has not been followed and/or that constitutional rights have been violated does not mean
that a person is innocent, only that the case will be returned to the trial court. That court may then dismiss
the charge in a criminal case or dismiss the case in a civil suit; or retry the case without making the same
mistakes again.
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Concurrent jurisdiction. Refers to the fact that more than one court may have the ability to hear a case
(sometimes referred to as overlapping jurisdiction).
The Court System
The court system in Texas is extremely confusing. There are multiple levels of courts with various
jurisdictions, courts with overlapping jurisdiction, courts with both original and appellate jurisdiction, as
well as two “supreme” courts. The diagram below is intended to help understand the different levels of
courts and their jurisdictions:
Court System of Texas
(From lowest level to highest)
Municipal Courts
(850 Cities, 1,122 Judges)
Also called City Courts
Original jurisdiction only.
Criminal misdemeanors punishable by fine of
$500 or less and no confinement.
Exclusive original jurisdiction over municipal
ordinance criminal cases (fire, zoning, safety,
public health violations) with fines up to $2000.
No civil jurisdiction.
Deal mainly with traffic tickets.
Appointed by governing body of city or elected,
qualifications determined by city, usually 4 year
terms.
No qualifications required.
Appeals from this court go to the County Level
Courts.
Justice of the Peace Courts
(842 Courts, 842 Judges, established in different
precincts in each county)
Original jurisdiction only.
Criminal misdemeanors punishable by a fine only
(no confinement).
Exclusive jurisdiction over civil cases where the
amount is $200 or less.
Concurrent jurisdiction over civil cases where the
amount is between $200 and $5000 (with County
and District Courts).
Also act as notaries and judges over small claims.
Authorized to perform marriages.
May function as coroner to certify cause of death
even though medical training is not a
requirement.
Elected within each precinct.
No qualifications required.
Appeals from this court go to the County Level
Courts.
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County Level Courts
Three different types!
1) Constitutional County Courts
(254 of these, 1 in each county in Texas)
Headed by the County Judge, who is also in charge of the County Commissioners Court (which is not a court at
all but the administrative body that runs the operations of the country government). The County Commissioners
Court includes the County Judge and four precinct commissioners (we will discuss this more in depth in the
chapter on Local Governments).
Not required to have legal experience, but must be “well informed in the law of the state”.
County Judge elected to 4 year terms (Sam Biscoe is current County Judge of Travis County).
Courts of Record (a complete transcript of all proceedings).
Have both original and appellate jurisdiction.
Original jurisdiction in civil matters between $200 and $5000 (concurrent with JP and District Courts).
May hear probate cases.
Criminal jurisdiction on all criminal misdemeanors where the fine allowed exceeds $500 or a jail term may be
imposed.
Appellate Jurisdiction in criminal cases from JP and Municipal Courts.
In larger counties the state has created the County Courts of Law to free the County Judge from conducting trials
so that the judge may oversee County Commissioners Court.
2) County Courts at Law (181 of these in 74 counties). Established to take burden off the County Judge.
Limited jurisdiction over civil matters, most under $100,000.
Limited jurisdiction over misdemeanor criminal matters.
Can hear appeals from JP and Municipal Courts.
Must be a licensed attorney.
3) Probate Courts (16 of these in 8 counties). Limited to matters of probate.
*Note – Appeals from any of these courts go to the Courts of Appeals
Districts Courts
(396 Courts, 396 Judges in districts containing one or more counties)
Principal trial courts in the state of Texas.
Courts of original jurisdiction only (NO appellate jurisdiction). All felony cases tried here.
Have both criminal and civil jurisdiction, but some are specialized in urban areas (10 are named
Criminal District Courts and hear only criminal cases). Criminal jurisdiction includes all
misdemeanors and felonies (all felony cases are tried here). In civil cases can hear any action that the
dispute is over $200, but has jurisdiction over divorce, title to land, contested elections and probate
cases too.
Judges MUST be attorneys who are licensed to practice in the state and have at least 4 years
experience as lawyers or judges. Serve 4 year terms.
Courts of Appeals
(14 Courts, 80 Justices)
*Regional Jurisdiction*
Appellate jurisdiction only.
Intermediate appeals from trial courts in their
respective districts.
Hear both criminal and civil cases.
Justices elected in regional elections to
staggered six year terms.
Qualifications same as Texas Supreme Court.
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Texas Supreme Court
(1 Court, 9 Justices)
*Statewide Jurisdiction*
Appellate jurisdiction only.
Final state appellate jurisdiction in civil and
juvenile cases.
Justices elected in state-wide elections,
staggered 6 year terms.
Must be 35 years of age, a practicing judge
or attorney with at least 10 years experience.
Court of Criminal Appeals
(1 Court, 9 Justices)
*Statewide Jurisdiction*
Appellate jurisdiction only.
Final state appellate jurisdiction in civil and
juvenile cases.
Final appellate jurisdiction in criminal cases.
Qualifications same as Texas Supreme Court.
How judges are selected in Texas
In Texas all judges, except municipal judges, are popularly elected in a partisan election.
Criticism of this is that courts are being damaged for three reasons:
1) judges’ reliance on campaign contributions compromises their independence
2) partisan elections created a divided and non-neutral judiciary
3) at-large elections discriminates against minorities
Election of all officials is actually in line with democratic theory. However, to run for office they have to
campaign and raise money. Leads to public doubts about the impartiality of the judiciary.
Partisan elections. Candidates are usually members of a political party and have the backing of that party
in the election. Judges do have to consider consequences of actions upon the electorate. Unpopular
decisions may cause them to not be re-elected.
At large elections. Refers to the fact that all candidates receive votes from the entire district. In metro
areas this may be the whole county. These types of elections make it difficult for minorities to get elected.
Single member districts. Voting district is divided into smaller precincts. Only those members of the
voting district are allowed to cast votes for the candidates in that district.
Now that we have examined the court system and the judges, we need to understand some of the other
members of the justice system.
We have already discussed the office of the Attorney general, and (hopefully) have some understanding of
this office. The attorney general handles mostly civil matters for the state. The office of attorney general
offers legal opinions on court decisions, as well as offering legal advice to legislature. When a court makes
a ruling in a case, the attorney general may issue an advisory opinion, which is a written document
advising members of state government how that ruling is to be interpreted.
District Attorneys are responsible for prosecuting the law. These are elected officials, one in each county.
Their job is to gather evidence, work with law enforcement personnel, and prepare information that is
submitted to the grand jury (see below) to see if there has been a violation of the law. If the grand jury
concurs, then the district attorney is responsible for
Juries
There are two types of juries, grand juries and trial (petit) juries.
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Grand juries – a Grand Jury simply determines if there is evidence for formal charges. Members of a
Grand Jury usually meet for six month sessions, but may be shorter in urban areas. They do not meet on a
day-to-day basis, but meet usually once a week or every two weeks. They hear information from the
district attorney and decide if there is sufficient evidence to justify a trial (by a simple majority vote). If the
Grand Jury feels that there is sufficient evidence, then they issue what is called an indictment. At this
point usually an arrest warrant is issued, a person is arrested and formally charge, and
Trial juries. Hears evidence, determines guilt or innocence in criminal trials, or who is at fault in civil
trials.
Jurors must be citizens of the county and qualified voters, must be able to read and write, and not have been
convicted or under indictment for a felony. Legal exemptions for absence from jury duty: women with
legal custody of a child under ten years of age, full-time students, and persons 65 years of age or older.
Judges can excuse potential jurors for other reasons.
The Substance of Justice
Civil Liberties
The first aspect of the system of justice that is considered of most importance is the constitutional basis for
our system. This is where we begin to discuss civil liberties. Civil liberties can be defined as the basic
freedoms from government interference that are crucial to sustaining a democratic government.
Prior to 1925 the United States Constitution, and its Amendments, were thought of as only affecting
national government issues. Each state, including Texas, had their own bill of rights that protected its
citizens. As you can imagine, there was wide variation in how these protections applied. In 1925, the U.S.
Supreme Court ruled in Gitlow v. New York that freedom of speech guarantees of the First Amendment of
the U.S. Constitution were binding on local and stated governments through the 14 th Amendment’s due
process clause. (“No State shall abridge the privileges or immunities of citizens of the United States; nor
shall any State deprive any person of life, liberty, or property, without due process of law, nor deny to any
person within its jurisdiction the equal protection of the laws.”)
This ruling began a period of time, still ongoing, which the Supreme Court has used the 14 th Amendment to
do what is called “selective incorporation”. This means that the Court has gradually incorporated the
concepts that the Bill of Rights of the U.S. Constitution applies to all citizens of this country regardless of
which state they live in.
The cornerstone of our basic freedoms as members of this society is the First Amendment to the U.S.
Constitution. It states very simply that “Congress shall make no law respecting an establishment of
religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the
right of the people to peaceably assemble, and to petition the Government for a redress of grievances.”
This is a very thorough and complicated amendment, and much has been written and said about it over the
years. In many ways, the freedoms guaranteed within this amendment are not static, but constantly
evolving through time. Though it is important to note this amendment here, we will not discuss it further at
this time since it is considered to be more important in U.S. government courses. The one primary aspect
of this amendment to note, however, is the ability of citizens to be able to speak freely about their
government. This is considered to be the most important and fundamental of our rights.
What is important here are the amendments that are considered to be a part of the system of justice.
Because the states are still overwhelmingly responsible for the definition of crimes, and the prosecution
thereof (indeed, over 95% of criminal trials still occur at the state level), we want to more closely examine
those amendments that pertain to the procedures that government must follow before legitimately charging
or convicting you of a crime. There are five amendments in the Bill of Rights that help define the system
of justice:
Amendment IV – Searches and Seizures
Protects you in your person, home, papers and effects against unreasonable searches and seizures, without
either probably cause or a warrant.
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Amendment V – discusses grand juries, protection against double jeopardy, self-incrimination, due process
(cannot be deprived of life, liberty, or property without due process), and eminent domain.
Amendment VI – criminal court procedures; accused shall have the right to a speedy trial, impartial jury in
the State and district where crime was committed, must be informed of the nature of the crime and cause of
accusation, confront witnesses against accused, have witnesses for defense, and assistance of counsel.
Amendment VII – trial by jury in civil law cases; if value of controversy exceeds $20, then you have the
right to a trail by jury.
Amendment VIII – protects against excessive bail, fines, and cruel or unusual punishment
Why so many dealing with this system of justice? Essentially it establishes the steps that the state
(government at any level) must follow before it can formally charge or convict you of a crime. These are
important in that they help protect us from arbitrary government action. The Founding Fathers of this
country had seen first-hand the abuses of the monarchies of Europe. Frequently, the governments under a
monarch could jail a person for any reason, and for any period, without informing that person of the
reasons for being jailed. Thus they wanted to make sure that proper procedures (referred to as due
process) were followed when it government wanted to charge someone with a crime.
Civil Rights
Besides civil liberties, another concept that is important to know within the system of justice is that of civil
rights. Essentially, this is the right of all persons to be treated equally under the law. More often than not,
civil rights refers to the rights of certain groups of people to be treated equally with other groups. This is
due to our history of discrimination against minority groups, most notably African-Americans. One of the
ongoing questions within our society is whether certain groups are still discriminated against today. With
regard to our system of justice, statistics show that minority groups are often more likely to be convicted of
crimes, and receive more severe punishment, that white citizens. This can call into question the fairness of
the entire system of justice.
Though it is not stated in the original U.S. Constitution, the concept of equality was first voiced in the
Declaration of Independence, as penned by Thomas Jefferson. The statement that “we hold these truths to
be self-evident, that all men are created equal” is a primary source of our concept of equality within our
society. In terms of formal policy, the concept of equality was not enunciated in the constitution until the
14th Amendment. The same section of the 14th Amendment that provided a platform for due process to be
fair throughout all states also gave us the concept of equality throughout the states. (“No State shall
abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person
of life, liberty, or property, without due process of law, nor deny to any person within its jurisdiction the
equal protection of the laws.”) Whereas we were focused on due process above, the same sentence
always includes what is referred to as the equal protections of the laws clause. In other words, all citizens
should be equally protected by the law no matter their ethnic, racial, religious, or other status.
A major way that we also see inequities within society today is through education. In 1954, the U.S.
Supreme Court issued a ruling in Brown v. Board of Education (Topeka, KS) that the system of “separate
but equal” as applied to schools was inherently unfair, due to the equal protection of the laws clause. Thus,
states were forced to provide an equivalent education for minority groups as with white groups. This was a
very controversial decision with a major impact on society, which is still felt today. Since the states are
primarily responsible for the education of our children, this greatly impacts not only Texas politics, but the
politics of all states.
Opinions of the Courts
Depending on the jurisdiction of the court, whether it is a court of original jurisdiction or appellate
jurisdiction, the decisions are either a verdict, or opinions.
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In a court of original jurisdiction, the final decision is termed a verdict. In criminal cases, this can either be
a person declared guilty or innocent, or there can be a mistrial. Mistrials occur when either the jury cannot
reach a unanimous verdict (usually referred to as a hung jury), or an error has occurred during the
procedure of the trial. Mistrials can be declared by the trial judge, or they can be declared by an appellate
court reviewing the case.
An important concept in our system of justice is a writ of habeas corpus, which is Latin for “produce the
body”. The is a request to a court, either a court of original jurisdiction or an appellate court, asking that
court to review why someone has been imprisoned. If the court grants the writ, then it compels the
government to bring a person before the court to determine if the circumstances relating to the
imprisonment are valid. This speaks to a couple of important concepts relating to civil liberties, as
discussed above. First of all, government must (unless time of war, as specified in the U.S. Constitution)
reveal why they are detaining someone, and they cannot detain a person indefinitely without bringing them
to trial (the 6th Amendment, which provides for a right to a speedy trial). In addition, by the 8 th
Amendment, a person has protection from excessive bail. Thus, a writ of habeas corpus can be used to
compel government to explain multiple aspects relating to why a person has been jailed.
Appellate courts are responsible for reviewing trials to determine if there has been an error in the procedure
of the trial, or if there is a question of law that needs to be addressed, or a constitutional issue needs to be
addressed. Appellate courts issue their verdicts as opinions. In all circumstances, appeals are heard by a
panel of judges, that is, at least three judges hear the arguments from the lower court to determine if an
error has occurred. A party wishing to have the case from the lower court reviewed files a petition with the
higher court, called a writ of certiorari. Literally translated, this is a “writ of certification”, or a request
that the higher court review and certify the lower court’s ruling.
If a majority of the members of the appellate court hearing the case concur that an error has occurred in the
lower courts procedures, then the higher court will issue a writ of error. This is usually in the form of a
written opinion from the higher court to the lower court explaining that an error has occurred in the lower
court’s proceedings, and that the lower court needs to correct that error.
Another type of opinion that a higher court can issue is a writ of mandamus, literally, we command (or a
mandate). This is an order directed to some person, corporation, or, inferior court, requiring them to do
some particular thing as specified by the higher court, relating to their office and/or duty, that the higher
court feels must be carried out.
Local Government
Essentially, there are three different types of local governments in Texas: counties, municipalities (cities),
and what are termed special districts.
Counties
Within the United States, counties are the oldest form of government and vary greatly in size and
importance. In Texas, there are 254 counties. They vary greatly both in physical size and population. For
example, the single largest county in Texas is Brewster in west Texas, which has 6,208 square miles of
area, while the smallest county is Rockwall, with only 147 square miles. In terms of population, Harris
County (Houston) is the largest, with almost 4 million people, whereas Loving County has (according the
1990 Census) only 110 citizens.
Counties in Texas were created by the state to serve as agents of the state, but the state exercises little
supervisory authority over them. Because most county officials are elected by voters within the county,
they do not feel primarily accountable to the state. Although they are responsible for administering state
laws and programs, county official’s lack of accountability to the state combined with the discretion they
possess permits considerable variation from county to county in the enforcement of state law.
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A concept in Texas that allows for local governments to write their own rules and ordinances is referred to
as home rule. Unfortunately, because the amendment that was written in 1933 to modify this ability for
counties was very badly written, it is almost impossible for counties to adopt any ordinances that might
help to enforce policy in the counties. This is especially problematic in counties with large populations,
because the county has virtual no control over land development in unincorporated areas.
All counties in Texas, regardless of size, are divided into four precincts. Each precinct is headed by a
commissioner, who is elected in partisan elections. The four commissioners, and the county judge, are
members of what is called a commissioners court (see diagram below). This is not a court of law, but
rather an administrative body that oversees the administration of policy within the county. The county
judge, which we have already discussed in above, is elected in an at-large election within the entire county.
One this to note regarding the size (in terms of population) of the precincts, a Supreme Court case in 1968,
Avery v. Midland, ruled that counties are subject to the one-person one-vote rule, meaning that each
precinct must be roughly equal in population size. Prior to that many counties had been badly
gerrymandered in attempts to discourage minority participation in county affairs.
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The commissioners court sets the county tax rate and controls the budget, oversees the administration of
state programs, supervises general and special elections, and determines precinct lines. Besides the county
judge and the commissioners, there are numerous other elected offices within the county:
1) The county sheriff – elected in an at-large election, has comprehensive control of
departmental operations and appoints all deputies, jailers, and administrative personnel.
2) The county attorney – also elected in an at-large election, is head of the county’s legal
department and prosecutes misdemeanors in the justice of the peace and county courts.
3) The county clerk – responsible for recording legal documents and serving as clerk of the
county court and the commissioners court.
4) The assessor-collector – responsible for collection of various taxes and fees for both the state
and the county, and also serves as the registrar of voters.
5) Justices of the peace and constables – are elected for four year terms in partisan elections by
precinct and have judicial responsibilities pertaining to minor criminal and civil cases.
County finance
The principal source of funding for the county is the property tax (also called the ad valorem tax –
meaning taxed on the value of), whose rate is set by the commissioners court. Counties also receive money
from the state to help maintain farm-to-market roads and state highways within each county, and from
federal and state government grants. Selected counties have been authorized to collect a sales tax. Besides
road maintenance, counties also have expenses related to health and jails, both of which have risen in costs
dramatically over the past 15-20 years as a result of state mandates. Revenue and expenditure patterns vary
considerably depending on the size of the county, its degree of urbanization, its poverty rate, and other
factors.
Tax Appraisal District
These are the regional authorities set up by the state to establish the fair tax rate on property within certain
counties or cities that are in that region. These are necessary due to the reliance on the property tax for
counties, municipalities, and special districts (schools, emergency services) to provide funding for those
entities.
There are many criticisms of county governments in Texas. One of the biggest problems today, relating to
weak home-rule, is the lack of ordinance power. Thus the county cannot pass laws pertaining to the county
and, more specifically, they do not have the ability to zone land to ensure appropriate usage in a given area.
Cities
Incorporated areas. In the State of Texas you must receive a charter from the state in order to create a
city. To do this you must have a specified geographic area with at least 200 people who approve of in
corporation. A charter is the “constitution” of a city. The charter allows the people to operate as a
municipal incorporation. Why incorporate? 1) Provide essential services (police, fire, water, wastewater,
and solid waste disposal services); 2) avoid being annexed by larger cities.
Two types of cities in Texas: general law and home-rule.
General law – less than 5,000 people.
Home-rule – 5,000 or more people.
General law cities. Operate under the general laws of the State of Texas. In other words, may only do
what the Sate of Texas allows it do. About 75% of Texas cities fall under this category.
Home-rule cities. May do almost whatever they want to unless prohibited by state or federal law. For
example, the state restricts home-rule cities on the level of property tax rates, which cannot be more than
$2.50 per $100 of evaluation. Home rule is not automatic (when a city reaches a population of 5,000).
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After population reaches 5,000 then it must be approved by a simple majority vote within the city.
Conversely, if the population falls back to below 5,000, then a city does not lose its home-rule status.
Forms of city government:
(souce: William Earl Maxwell, Ernest Crain, Adolfo Santos, Texas Politics Today, Wadsworth, 2010.)
Mayor-council cities. Approximately 30 of the approximately 200+ home-rule cities use this, and
virtually all of the general law cities also use this. Two different types: strong mayor and weak mayor.
1) Strong mayor type: the mayor is responsible for the day-to-day administration of the city.
Can hire and fire department heads, may also be able to exercise veto power over council
actions, as well as exercising the ability to prepare city budgets. Not as popular as it once was
because of a history of corruption and scandal associated with this type of leadership. Of the
large home-rule cities in Texas, Houston and El Paso use this type of government.
2) Weak mayor type. Mayor may only share administrative duties with the council and other
executives. Other executives (such as the city attorney and the city treasurer) are elected
officials over which the mayor may not have any authority.
Council manager cities. Approximately 80% of home-rule cities use this, including Austin, Dallas,
Corpus Christi, and Beaumont. Not used much in general law cities because of the expense of hiring a
manager and/or professional staff. An elected council of 5 to 15 members appoint a city manager who is
responsible for the hiring and firing of department heads, overseeing the administration of the city staff,
and preparing the city budget. The mayor is elected at-large or by the council, but, except for presiding
over the council, has the same powers as the other council members.
Commission cities. Not used in any home-rule cities today. Was first approved by the Texas Legislature
for Galveston following 1900 hurricane. It lacks a single executive, relying instead on elected
commissioners that form a policymaking board. Each department is the responsibility of a single
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commissioner. Biggest criticism is its dispersed administrative structure and lack of a chief executive.
Some general law cities in Texas use this form of government.
Citizen advisory boards. Used in virtually all cities. Used to help determine policy issues and get further
citizen involvement in the running of city government. Mostly used in an advisory capacity to the council
on a broad range of issues. An example would be a Planning and Zoning Commission. This type of body
makes recommendations to the city council concerning requests for changes to the zoning and subdivision
ordinances as well as exceptions to these ordinances. Another example would be the Boards of adjustment,
which grant exceptions, called variances, to the zoning ordinance.
Ordinances. Laws that are passed by the city council (the legislative branch of cities). As such, they
usually apply only within the limits of a city’s incorporated area. Ordinances may be passed covering areas
such as traffic, health and safety, building codes, and zoning, some of which may apply outside the city’s
corporate limits.
City Politics
Most elections in Texas cities can be characterized as being non-partisan. Political parties do not tend to be
major forces on the local level where the focus of issues tends to be quite narrow. There are three different
types of elections at the local level in Texas:
1) at-large elections. All voters select all of the members of the council and vote for as man candidates
as there are seats.
2) Place system. Candidates run only against other candidates who have filed for a particular seat, but
voting is still city-wide (this is what is used in Austin).
3) District systems. Increasingly being used in cities in Texas over 50,000 population. Candidates must
live in the district they wish to represent and voters choose only candidates within their district.
How Cities Grow
Annexation. Annexation is the inclusion of land into the city limits of an existing municipality.
Annexation is how cities grow physically in size. The primary reason that cities wish to grow is to increase
their tax base. Annexation helps to protect the tax base, preserve a pathway for future growth, and helps to
prevent “white flight”.
Typically the decision to annex territory is made by the annexing city’s city council. The residents of the
area to be annexed have nothing formally to say about it, and their approval is not required.
Limitations to annexation:
1) A city may only annex up to 10% of its existing territory each year.
2) Annexed territory must be contiguous to the existing city limits.
3) The must provide city services to the newly annexed areas within 4 1/2 years.
A city may only bank up to 30 % of its size.
Strip annexation. This is the practice of annexing a road and at least 500 feet on either side of the middle of
the road. What this does is help to extend the extraterritorial jurisdiction (see below) of the city, yet
minimize the costs to the city in terms of providing essential services (not many people live within 500 feet
of major roadways). This is used more in larger urban areas where large cities can threaten smaller towns.
It can help to protect area for smaller cities and towns to grow into.
Extraterritorial jurisdiction. The real reason for strip annexation is that is allows a city to greatly expand
its extraterritorial jurisdiction (ETJ), which means declaring that areas outside of the city limits have been
laid claim to by the city. The amount of territory outside of the city that falls into the ETJ is variable,
ranging from 1/2 mile for cities under 1,500 to 5 miles in cities of 100,000 or more.
Financing city government
Municipal funding comes principally from utilities, property taxes, sales taxes, borrowing (bonds), user
fees, intergovernmental transfers, and miscellaneous fees and fines.
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Property taxes. By state law it cannot exceed more than $2.50 per $100 of valuation of property.
Sales taxes. Cities can charge up to 1% on the value of goods sold within the city, subject to the same
limitations as the state sales tax.
Bonds. The issuance of bonds is how a city may “borrow” money. There are two types of bonds:
1) General-obligation bonds. Used to fund projects, goods, and services that everyone in the city is
obligated to pay for, such as streets and city buildings. Property tax revenue is used to pay for the
principal and interest on bonds over time.
2) Revenue bonds. Used to fund such things as convention centers and sports arenas, which are paid for
from the revenues generated by the activities created by the bonds.
Texas 8% rollback law (also known as the Peveto law). If a city wants to increase property tax rates more
than 8% in any one year then there must be a referendum on that issue. If the citizens do not agree to the
new proposed rate, then it will be “rolled back”. This was part of a general “tax revolt” that occurred
during the 1970s, which included California’s Proposition 13 (1978). The main issue behind these revolts
were the increases in property taxes (primarily) that citizens had no control over (at the time). The new
laws allowed citizens a referendum vote if tax rates increased by more than a certain percent from the
previous year. Still, the problems that cities face today is that both the federal and state governments have
been reducing funding to certain programs that provided funding to cities (especially in the area of human
services). Thus cities are having difficulty meeting mandated obligations (both federal and state) while
continuing to provide necessary services that citizens demand. There is also the trend of “privatization”,
which is the use of hiring private companies to do the work that previously had been done by the city. The
problems sometimes associated with this are oversight of private companies work, as well as accountability
issues.
Special districts
A special district is a unit of local government created by an act of the legislature to perform limited
functions. There are about two dozen types of special districts in Texas. About one-fourth are housing and
community-development districts. Another one-fourth pertains to water problems in some form. Other
special districts involve airports, soil conservation, municipal utilities, hospitals, community colleges, fire
prevention, and other concerns. Supervision of special districts is handled by different agencies according
to the type of district involved.
Special districts have been created by the legislature because of the inadequacy of established government
bodies to deal with certain policy issues. Some problems, for example flood control, can seldom be solved
within a single city or county, thus special districts are created to help deal with these problems (think
LCRA). In addition, cities and counties can lack the financial resources for the projects to help alleviate
the problem.
Another reason for the creation of special districts has been for private gain. When special districts are
established to issue bonds for the development of utilities for property outside of municipal government
boundaries the developers benefit and the taxpayers pay for the bonds, sometimes through very high utility
rates. These municipal utility districts (MUDs) are a good example of the consequences of the lack of state
regulation of special districts.
Unfortunately, as “hidden governments”, special districts are profoundly undemocratic. Because most are
small in size and scope, they are also uneconomical. They complicate the problems of government,
particularly in urban areas, because they divide authority and make coordinating policy difficult. In order
to try to improve coordination between government agencies in various areas, 24 regional planning
councils, also know as councils of governments (COGs) have been created. These are voluntary
associations of local governments that provide land-use or economic plans, train local government
employees, conduct studies for local governments, and other services.
School Districts
School districts are different from other special districts for several reasons.
1) School board members are publicly elected, usually in an at-large, by-place system.
2) School board decisions are generally well publicized.
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3) There is considerable public interest in and knowledge about school district politics.
4) The number of school districts has been steadily declining for 50 years.
5) The state is the ultimate authority for basic school policies and partially funds public schools.
The fact that there are more than 1,000 school districts in Texas contributes to the unevenness in the quality
of education around the state and to the problems with public school finance that have been particularly
acute since 1987.
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