Local governments in Texas
Municipalities, Counties, Special
Districts, Councils of Government
In a previous section we covered
federalism and mentioned, briefly, the
various types of local governments
that exist in the nation and the state.
This section is designed to expand on
that material and provide more detail
on the nature of local government in
the state and in this region.
Special attention will be given to
area cities and to Brazoria and
Harris counties.
You might find these sources of
information online helpful:
- Texas Local Governments.
- Local Governments in Texas.
- Thomas Dye: Local Governments in Texas.
- TML: Local Government in Texas.
- Pearson: The Legacy of Local Government.
Here’s a key point, made before,
that explains the relationship
between state and local
government in Texas.
It is a unitary system. Texas dominates the
process, though it can carve out areas
where local governments have discretion
over what they can do.
This means that local governments
are created by the state, and are
subject to its jurisdiction.
Remember that local governments have no
independent authority under the US
Constitution. They are not mentioned in
the document. States can create them
under their reserved powers.
The federal rule which establishes
this is Dillon’s Rule:
"Municipal corporations owe their origin to, and derive
their powers and rights wholly from, the legislature. It
breathes into them the breath of life, without which
they cannot exist. As it creates, so may it destroy. If it
may destroy, it may abridge and control."
- A (Very) Brief History of Dillon’s Rule.
- Dillon’s Rule: Good or Bad for Local Government?
The alternative (but not accepted)
conception of local government is
contained in the Cooley Doctrine.
There is an inherent right to local
self determination: “[L]ocal
government is a matter of absolute
right; and the state cannot take it
away.”
The conclusion: local governments
are not sovereign, autonomous
entities. They have legal authority
because states grant it to them.
This is true for cities, counties,
and special districts.
The only exception is the capitol.
Washington DC is a federal city. It’s
legal authority comes from the US
Constitution and its rule is
overseen by Congress.
But local governments fight for the
right to rule themselves with
minimal interference from the
state as well as the nation.
This is especially true in Texas
where local government is
considered to superior to state or
national government.
The Texas Constitution establishes
counties, special districts, and creates the
conditions whereby additional ones can be
created as well.
It also establishes the process by which
cities are recognized and granted the
ability to collect taxes and make laws that
are binding on its residents.
Despite Dillon’s Rule, the Texas
Constitution grants discretion to
local governments and delegates
many responsibilities to them.
Let’s look at each in turn.
Cities
What is a city?
Or a municipal corporation?
Here’s a definition: An urban entity
defined by the following
characteristics:
1.
2.
3.
4.
Permanence
Large population size
High population density
Social heterogeneity
A city is a larger version of a town
or a village.
All of which are areas where groups of people
choose to live in close proximity to each other
and receive certain benefits by doing so.
Often people these people choose
to live together because economic
opportunities exist in these urban
settings that are not available in
rural areas.
By the way, conflict between rural and urban
areas (the town and the country) has existed
throughout American history.
Smaller towns and villages often
retain rural characteristics and
bear little in common with larger
cities. Note: Townships and villages
are not recognized in Texas.
For an overview of their concerns you might
want to check out the Association of Rural
Communities in Texas.
Additional detail from
The Texas Municipal League:
Among all of the different types of local governments, cities perform the
greatest number of functions, both governmental and proprietary.
State law specifically defines and lists certain activities as either
governmental or proprietary. The law lists 36 functions that are
governmental. Included among them are police and fire protection, health
and sanitation services, street construction and design, transportation
systems, establishment and maintenance of jails, and enforcement of land
use restrictions under Chapter 229, Local Government Code. Three functions
are listed as proprietary: the operation and maintenance of a public utility,
amusements owned and operated by a city, and any activity that is
abnormally dangerous or ultra-hazardous. Functions that are listed as
governmental are not included as proprietary functions.
FYI: The Texas Municipal League is
a lobbying organization that
represents Texas cities in the Texas
Legislature. The National League of
Cities represents cities at the
national level.
The legal status of cities (the fact
that they are subservient to states)
is peculiar if you consider that they
are the oldest entities in the U.S.
Jamestown was the first permanent English
settlement in North America. See: History
of local government in the US.
As opposed to states, cities are
economic enterprises. Their
viability rises and falls with their
economic vitality.
Case in point: Galveston.
Here are the cities and towns in
Brazoria County:
Alvin
Angleton
Bailey's Prairie
City of Hillcrest Village
Clute
Freeport
Lake Jackson
Manvel
Pearland
Richwood
Surfside Village
Sweeny
West Columbia
And here’s economic information
about some of Texas’ largest cities:
Austin
Dallas
El Paso
Fort Worth
Houston
San Antonio
Texas is one of the more urban
states in the nation.
Surprise.
Currently more than 80% of the
people of Texas live in cities.
Six of the 20 largest cities in the
United States are in Texas. This
includes two of the five largest
metropolitan areas.
But this has been a recent
development. In its early history Texas
was dominated by farmers – including
tenant farmers – and ranchers.
Agriculture was dominant and the
early political landscape reflected that
fact. It has only been recently that the
political power of urban areas has
matched that of rural areas.
While Texas was primarily an
agrarian state for its early history,
populations centers began to
develop in Galveston, San Antonio,
Nacogdoches, and elsewhere.
The Greater Houston area contains
some of the oldest cities in the state
since this was, from the start, a major
commercial center in the state.
Galveston Bay – as well as Galveston
island – offered convenient ports.
Commodities produced in the state
could be exported easily from these
ports.
But cities were not politically powerful in
the 19th Century. Recall that members of
the Texas Grange – farmers – had
tremendous clout in the Constitutional
Convention of 1875. Half of the delegates
were members of the Grange. Rural affairs
dominated the legislature. Few executive
agencies dealt with urban matters early on.
But Texas began a slow process of
urbanization in the late 19th Century.
Urban areas are increasingly
powerful in the state.
25 out of the 150 House districts in
the Texas Legislature are in Harris
County.
The interests of urban and rural
areas are reflected in a handful of
committees in the Texas legislature
The Senate Committee on Agriculture and
Urban Affairs.
The House Committee on Urban Affairs.
The House Committee on County Affairs.
The House Committee on Agriculture and
Livestock (rural affairs).
“In 1850 only 3.6 percent of the Texas population lived in cities of
more than 2,500 people, whereas the national level was 15 percent. In
1900, when Texas moved from seventh to sixth largest state in the
nation for population, the urban percentage was 17.1, while for the
United States the urban rate was 39.6 percent. The oil discoveries in
the early twentieth century uncovered a major resource, scattered
small boomtowns across the state, and later supplied a sprawling
petrochemical industry along the coast from Corpus Christi to Port
Arthur-Orange. In 1950 the census counted 59.8 percent urban for
Texas; for the United States it was 58.6 percent. In 1940 Texas had
posted 45.4 percent, but World War II industry and military training
camps pushed Texas across the half-way point and close to the
national average. In 1990 in Texas, now the third largest state, the
urban population reached 81.6 percent, compared to the 77.5 percent
for the United States. Only slightly more than 1 percent of the people,
however, actually worked on farms and ranches. The remainder simply
lived outside a defined urban space.” – TSHA “Urbanization.”
Note that by the mid 20th century Texas was
more urban than the nation as a whole. Prior to
that it was more rural. This has had a
consequence for the political culture of Texas:
“Cities, for better or worse, have been deeply
involved in developing the main characteristics
of civilization-literacy, government, high arts,
commerce, technology. Urban places have been
focal points for action and ideas, and gateways
for trade and migration.” – TSHA “Urbanization.”
Texas’ largest cities are pretty sophisticated.
The needs of cities are very
different from the needs of rural
areas.
As cities grew in strength, they began
pushing for more autonomy and political
clout. In the early 1900s a movement
swept across the nation to increase the
autonomy of cities: the home rule
movement.
Article 11 of the Texas Constitution
outlines Municipal Corporations.
As originally written, it did not
grant much independence to cities.
Initially, the state legislature was
responsible for writing city charters and
placed limits on what rules they could
pass, but a nation wide movement sprung
up to grant home rule charters to cities to
allow them to do so.
This allowed cities to write their own
charters, subject to approval by the state.
From the original document:
SEC. 4. Cities and towns having a population of ten
thousand inhabitants or less, may be chartered alone
by general law. They may levy, assess and collect an
annual tax to defray the current expenses of their local
government, but such tax shall never exceed, for any
one year, one-fourth of one per cent. and shall be
collectable only in current money. And all license and
occupation tax levied, and all fines, forfeitures,
penalties and other dues accruing to cities and towns
shall be collectable only in current money.
SEC. 5. Cities having more than ten thousand
inhabitants may have their charters granted or
amended by special act of the Legislature, and may
levy, assess and collect such taxes as may be authorized
by law, but no tax for any purpose shall ever be lawful
for any one year, which shall exceed two and one-half
per cent. of the taxable property of such city, and no
debt shall ever be created by any city, unless at the
same time provision be made to assess and collect
annually a sufficient sum to pay the interest thereon
and create a sinking fund of at least two per cent.
thereon.
Note: Just because the state wanted to
place limits on cities it did not necessarily
follow that they could enforce those limits.
State law enforcement was somewhat
limited. More on this in a later section. For
a great story regarding a renegade city
read up on the Free State of Galveston.
Texas cities were granted home rule
authority in 1912. They have broad
discretion regarding why policies they
can establish within their borders.
Part of the rationale in doing so was so
that the Texas Legislature could reduce
its work load. It wanted to not have to
deal with local matters.
The passage of an amendment
allowing for home rule charters
allowed cities to pass their own
laws.
The changes modified language in Article
11 of the Texas Constitution.
Section 4 was modified to read as follows:
Sec. 4. CITIES AND TOWNS WITH POPULATION OF
5,000 OR LESS; CHARTERED BY GENERAL LAW; TAXES;
FINES, FORFEITURES, AND PENALTIES.
Cities and towns having a population of five thousand
or less may be chartered alone by general law. They
may levy, assess and collect such taxes as may be
authorized by law, but no tax for any purpose shall ever
be lawful for any one year which shall exceed one and
one-half per cent of the taxable property of such city;
and all taxes shall be collectible only in current money,
and all licenses and occupation taxes levied, and all
fines, forfeitures and penalties accruing to said cities
and towns shall be collectible only in current money.
Section 5 was modified to read as follows:
Sec. 5. CITIES OF MORE THAN 5,000 POPULATION; ADOPTION
OR AMENDMENT OF CHARTERS; TAXES; DEBT RESTRICTIONS.
(a) Cities having more than five thousand (5000) inhabitants
may, by a majority vote of the qualified voters of said city, at an
election held for that purpose, adopt or amend their charters. If
the number of inhabitants of cities that have adopted or
amended their charters under this section is reduced to five
thousand (5000) or fewer, the cities still may amend their
charters by a majority vote of the qualified voters of said city at
an election held for that purpose. The adoption or amendment
of charters is subject to such limitations as may be prescribed by
the Legislature, and no charter or any ordinance passed under
said charter shall contain any provision inconsistent with the
Constitution of the State, or of the general laws enacted by the
Legislature of this State. . . .
. . . Said cities may levy, assess and collect such taxes as may be
authorized by law or by their charters; but no tax for any
purpose shall ever be lawful for any one year, which shall exceed
two and one-half per cent. of the taxable property of such city,
and no debt shall ever be created by any city, unless at the same
time provision be made to assess and collect annually a
sufficient sum to pay the interest thereon and creating a sinking
fund of at least two per cent. thereon, except as provided by
Subsection (b). Furthermore, no city charter shall be altered,
amended or repealed oftener than every two years.
(b) To increase efficiency and effectiveness to the greatest
extent possible, the legislature may by general law authorize
cities to enter into interlocal contracts with other cities or
counties without meeting the assessment and sinking fund
requirements under Subsection (a).
Section 4 establishes the concept
of a general law city.
Section 5 establishes the concept
of a home rule city.
In addition to the language in the
Constitution, local governments in
the state are impacted by the Local
Government Code. This can be
best thought of as an organized
compilation of the various statutes
passed by the Texas legislature
dealing with local governments
over Texas’ history.
What is a General Law City?
“A general law city is a municipality that is
limited to governmental structures and powers
specifically granted by state law. General Law
cities are bound by Dillon’s rule which is a
doctrine that says that a unit of local
government may exercise only those powers
that the state expressly grants to it. A city with
more than 5,000 people can choose to become
a home rule city.” – Source.
The state of Texas dictates the form
of government in general law
cities.
“Most general-law cities have a mayor-council form of
government, as mandated by the state’s Local
Government Code. In the mayor-council form, the
mayor is elected at large. Council members or
aldermen may be elected at large, but are usually
chosen from wards or aldermanic districts. The mayor
serves as chief executive officer, presiding at council
meetings, heading the police force, and acting as the
budgetary officer of the city. The council serves as the
legislative body and has some approval powers over
actions of the mayor.” – Source.
What is a Home Rule City?
“Home rule cities are those cities which have
adopted a home rule charter for their local self
governance. The citizens of a home rule city are
free to choose their own form of municipal
government, choose between a large or small
city council, fix the terms of office of council
members, decide on the method of election of
the Mayor, provide for creation of more boards
and commissions which they feel is essential for
proper city functioning, etc. . . .
. . . In Texas, a city with more than 5,000 people
can choose to become a home rule city. The
home rule city can take any actions which are
not prohibited by the state or federal laws and
the constitution of US and Texas.
Home rule cities are not burdened by the
limitations of Dillon’s rule which is a doctrine
that says that a unit of local government may
exercise only those powers that the state
expressly grants to it.” – Source.
From the Texas Municipal League:
“ . . . the concept of home rule, the principle is
simple: home rule is the right of citizens at the
grassroots level to manage their own affairs with
minimum interference from the state. Home
rule assumes that governmental problems
should be solved at the lowest possible level,
closest to the people.”
Think of the difference between
general law and home rule cities
this way. The former can only do
those things authorized by the
state, the latter can do anything as
long as it is not forbidden by the
state.
Home Rule Cities can pass and
amend their own city charters
without interference by the state.
Think of it as a city’s constitution.
The people of a city have more
control over its government when
they have control over its charter.
Here’s a fun read:
An Analysis of Texas Home Rule Charters.
City Charters are available online.
Here are links to a few:
Alvin
Galveston
Manvel
Houston
About 300 of the more than 1,200
cities in Texas are home rule cities.
While general law cities are
restricted in terms of what types of
governing systems they can have,
home rule cities can decide this for
themselves.
There are four types:
Mayor – Council, which can be
either:
1 - weak-mayor, or
2 - strong-mayor.
3 - Council-Manager
4 - City Commission
Council - Manager
Most home rule cities have chosen the
council-manager form of government.
“In Texas this form is even more dominant: 251
of the 290 home-rule cities in Texas operate with
a city council as a policy body and a city
manager as the chief executive-administrative
officer of city government.” – TSHA.
“The basic structure of the councilmanager form of government is similar to
that of a private corporation where the
stockholders elect a board of directors
which then hires a president to run the
company. Under the council-manager plan,
the voters elect a city council which, in
turn, hires a city manager to administer the
city’s day-to-day affairs.” – Source.
The effectiveness of this system
depends on the hiring of a
qualified city manager who has
been educated and trained to
manage cities. He is hired to do so,
not voted in to do so.
In Texas, city managers are
represented by the Texas City
Management Association.
Area cities with the council
manager form of government:
Alvin
Manvel
Pearland
Some time back League City had to
decide whether it wanted to adopt
the council-manager form of
government and a presentation
was made about the pros and cons
of such a move.
Click here for the power points for the presentation.
The disadvantage was that the
people have less direct control
over how the city is run.
The advantage is that the city can
be run more professionally, and
city politics tends to be less
partisan.
Here is a newspaper editorial
arguing in favor of League City’s
proposed change to a council –
manager form of government.
Under the mayor-council form, city
services were inefficiently provided and
favoritism was rampant. Managerial
control over city services would be less
likely to engage in favoritism.
Mayor Council
A mayor-council form of government
contains an elected mayor and an elected
city council each with significant powers.
The city council can be elected either atlarge, by district or by some combination
of the two.
The balance between the two is based on
whether the mayor is strong or weak.
“Under the strong-mayor system, most key administrative
and appointive powers are concentrated in the hands of a
full-time mayor who also presides over meetings of the city
council. The mayor usually has: (1) the power to appoint and
remove department heads and the members of most major
boards and commissions; (2) the prerogative to prepare the city
budget and, following its adoption by the council, to execute the
budget; (3) a high enough salary to enable the officeholder to
devote full time to being mayor, as well as an office budget
sufficient to hire an adequate staff; and (4) the power to veto
actions by the city council. In a strong-mayor city,
councilmembers have no administrative duties. Their role is to
enact ordinances, adopt policies governing the operations of the
city, and otherwise function as the legislative branch of the city
government.” – Source.
“Under the weak-mayor system, the powers of the
mayor are limited. First, the mayor may be selected by
the council rather than being directly elected by the
people, which dilutes his or her political influence.
Secondly, the mayor’s pay usually is minimal and few, if
any, funds are provided for staff. Third, department
heads often are appointed and removed by majority
vote of the city council, which diffuses administrative
authority. And finally, few weak mayors have either the
authority to veto actions of the council or the exclusive
power to develop and execute the budget, since these
powers are collectively exercised by the council.” –
Source.
As of 1991, only 31 out of 286
home rule cities have mayor –
council forms of government. No
large city has a weak mayor.
Houston has a strong mayor
government.
Click here for a flowchart of
Houston’s city government.
The Mayor’s Office
City Council
According to one study, Houston is
the 38th most powerful city in the
world.
This article suggests why Houston
has been growing faster than New
York City. This one discusses why
Houston pulled ahead of New
Orleans decades ago.
Pasadena and Texas City also have
mayor council forms.
Here is a list from
strongmayoucouncil.org of the
largest cities in the United States
and what forms of government
they have. 17 out of 25 have a
strong mayor, the rest have a
council manager. None have a
weak mayor – council form.
Click here for an editorial against a
past proposal to turn Galveston’s
city government into a strong
mayor form.
Cities sometimes change their
structures. Here is a recent list.
City Commissions
The city commission form has an
interesting, and Texas centered,
history. It is also known as the
Galveston Plan because it was
developed for Galveston in order
to expedite recovery following the
1900 storm.
“Under the commission plan voters elect a small
governing commission, typically five or seven members,
on an at-large basis. As a group the commissioners
constitute the legislative body of the city responsible
for taxation, appropriations, ordinances, and other
general functions. Individually, each commissioner is in
charge of a specific aspect of municipal affairs, e.g.,
public works, finance, or public safety. One of the
commissioners is designated chairman or mayor, but
his function is principally one of presiding at meetings
and serving in ceremonial capacities. Thus the
commission plan blends legislative and executive
functions in the same body.” – TSHA.
It briefly became a popular plan,
especially among reformers and
Progressives. The voting scheme
made it subject to minority vote
dilution since all votes are at-large
and can minimize the
competitiveness of the minority
vote.
Many cities, including Galveston,
substituted the commission form
for the council manager form.
Very few cities have a commission
plan now.
City Courts
In addition to having mayors or city
managers (an executive branch)
and city councils (n legislative
branch) cities also have local courts
that adjudicate disputes over
violations of city ordinances. These
can be criminal cases and civil
cases.
Nuisance Laws
Extra territorial jurisdiction
Counties
A county is a political subdivision
within a state that is assigned
some government functions.
They are sometimes referred to as
the administrative arm of the
states. Their functions are
numerous.
Click here for an online description
of Texas Counties: Framework and
Function of County Government
Texas has 254 counties that range
greatly in size and population.
- US Census info.
- Texas Association of Counties.
- Texas State Data Center.
“Counties are known as "general purpose"
governments due to the many different functions they
perform. Counties serve the dual purposes of providing
governmental services for the benefit of their residents
and administrative services on behalf of the state.
Major governmental services include road construction
and maintenance, jails and courts, welfare, health, and
law enforcement. Administrative services performed by
counties as agents of the state include voter
registration and motor vehicle licensing.” – Source.
The functions and organizations of
counties are uniform throughout
the state. They perform functions
seen as necessary to state
governance.
But the electorate in each county is
given control over who implements
these functions.
Counties are one of the tools used in the
1876 Constitution to limit state power. The
previous constitution allowed the state to
implement many of these laws. The
structure of county government allows
these functions – though hey are required
by the state – to be implemented by
officials elected by the people (the
electorate more precisely) of the county.
So while it serves an administrative
function of the state, it does so in a
way that is acceptable to the local
community.
Historical Fact: “Practically
speaking, the sparse and largely
rural population of Texas in the
early decades after independence
from Spain made counties the
natural building blocks of local
government.” – Texas Politics.
Counties are authorized in Article 9
of the Texas Constitution.
This is the original article as
written in 1876. This is the article
as it is written today after being
heavily amended.
To get a fuller idea of the range of
services provided by counties click
here for the home page of Brazoria
County and here for the home
page of Harris County.
This page from Harris County’s
website lists all the elected officials
in the county.
Note that the official responsible
for assessing taxes are elected. This
allows for greater local control over
this crucial – and controversial –
function.
Brazoria County Tax Assessor
Brazoria County Appraisal District
Harris County Tax Assessor
Harris County Appraisal District
Counties contain multiple offices to
implement their mandates. The
next slides contains a list of major
positions and links where you can
find descriptions. Most of these
are elected in order to ensure local
control over county functions.
County Judge
County Commissioner
District and County Attorney
Sheriff
District and County Clerk
Justice of the Peace
Constable
Tax Assessor Collector
County Treasurer
County Auditor
Some brief information about each
is in the following slides.
If you want a comprehensive description of
each office, click on the following
document: Guide to Texas Laws for County
Officials. It provides not only a list of
responsibilities, but details where that
authority is provided in the Local
Government Code.
First: A quick reminder. While cities
– home rule cities anyway – have
discretion in what types of
governments they can establish,
county governments are structured
the same across the state despite
the fact that counties vary
tremendously in size and area.
County government is overseen by a five
member commissioners court. It is
composed of the county judge, that is
elected county wide, and four county
commissioners elected from one of four
separate districts in the county. The control
the county budget, have administrative
duties and oversee general county
operations.
Brazoria County Commissioner’s Court
Harris County Commissioner’s Court
The County Judge presides over
the court and is a voting members
of the court.
Depending on the size of the
county, the judge can have judicial
responsibilities, often these are
appellate functions, they hear
appeals from trial courts.
Brazoria County Judge
Harris County Judge
County commissioners are elected
from one of four district – equal in
population – to ensure that the
good and services provided by
county government are provided
fairly to residents in each district.
The District and County Attorneys
represent the state of Texas in criminal and
civil matters. People accused of violating
state laws are charged and processed by
county officials. They help develop cases
against criminal defendants.
They can also provide legal advise to
county officials.
Brazoria County District Attorney
Harris County District Attorney
Brazoria County Attorney
Harris County Attorney
The sheriff is the county’s chief law enforcement
officer. They carry out the decisions made by county
courts and conduct “criminal investigations, arrests
offenders, serves warrants and civil papers, and
supervises the county jail and prisoners.”
Jurisdictional battles can occur between county officials
and city officials. National law enforcement officials can
also become involved depending on the nature of the
crime being investigated. We will look at this further
when we look at criminal justice policy.
Brazoria County Sheriff
Harris County Sheriff
The county clerk is responsible for
keeping all records for the county
court. This includes land records,
births and deaths, marriages and
carries out elections.
The county clerks office generally
runs elections for the state, within
the county.
Brazoria County Clerk
Harris County Clerk
The district clerk primarily keep
records of court proceedings.
The Justice of the Peace is the
smallest legal jurisdiction in the
state. It is closest to the citizen.
It can rule on misdemeanors
punishable by fine and civil cases
involving disputes of less than
$10,000. It can perform other
minor magisterial functions as well.
Constables are peace officers that
have enforcement power over a
large range of issues. They ensure
that court decisions are carried
out.
Notice that county law enforcement is carried out by
elected personnel while law enforcement in cities is
carried out by people hired by the mayor or city
manager.
The Tax Assessor calculates the
taxes due on property throughout
the state, while the appraiser
determines the value of that
property.
The Tax Assessor is also the chief
voter registrar in the county.
As voter registrar, the Tax
Assessor’s “responsibilities include
accepting applications for voter
registration, issuing voter
certificates, maintaining voter
registration lists, verifying petitions
for local option elections and
submitting required reports to the
Secretary of State's Office.”
The County Treasurer is
responsible for managing county
funds. This includes overseeing
deposits and providing regular
reports t the county
commissioner’s court about the
state of the county’s finances.
The County Auditor is appointed by the
District Judge to maintain the “integrity of
financial administration of county
government by overseeing the county’s
financial record-keeping and assuring that
all expenditures comply with the county
budge and the law.”
As we proceed into various policy areas, we will
note that many government functions on the
county level are implemented by people tied
into the general population.
County elections are partisan, which has led
some to question whether this means that
county policies are implemented in a way that
fairly treats all residents of the county, or is
biased in favor of the majority.
Conflict between Texas counties
and the federal government is
common due to this tension.
Notice the large number of county
courts. We will look deeper into
these when we cover the state
judiciary.
Click here for information on
County Courts from Texas Courts
Online.
Link to district and county courts in
Brazoria and Harris Counties.
Each Texas county has an elaborate
county courthouse. 254 Texas
Courthouses has information on
each.
Special Districts
In addition to general purpose
governments (cities and counties)
Texas contains a very large number of
special – or single purpose – districts.
As the name suggests, they each have
limited mandates. Where cities and
counties carry out a variety of
functions, single purpose districts
carry out one. These functions vary.
They are governing districts
because they have the power to lay
and collect taxes and to implement
a specific law.
They are generally overseen by a board of
trustees elected by the eligible residents in
the district. They have the power to set tax
rates and supervise how the institution
operates.
One you may not be aware of is
the community college district.
As with all other community
colleges in the state, Alvin
Community College is partly
supported by property tax dollars
drawn from residents within
borders set by area residents.
It is overseen by a nine member board
of trustees. Three are elected every
two years to a six year term. They
make a variety of decisions regarding
college policies, including tuition rates.
They meet once a month in the Nolan
Ryan Center. You should check them
out from time to time and introduce
yourself.
The County Information Project
run by the Texas Association of
Counties lists the special districts in
each of the counties in the state.
Click here for special districts in Brazoria County. And
here for those in Harris County.
The U.S. Census conducts a census
of governments every five years to
keep track of the number of special
districts created by each state.
As of 2002, Texas has
4,784 Local Government
1,450 – general purpose
3,334 – special purpose
The 1,450 general purpose
governments are broken down into
254 counties
1,196 municipalities
The 3,334 special purpose districts
are broken down into
2,245 – special districts
1,089 – independent school
districts
According to the TSHA, these
districts include:
900 water and utility districts
326 housing authorities
210 soil and water conservation districts
86 hospital districts
47 community college districts
46 hospital authorities
10 rural fire prevention districts
8 mosquito control districts
8 health districts
5 noxious weed control districts
3 three urban renewal agencies
3 wind erosion conservation districts
1 was waste disposal authority
1 ground water subsidence district
For an example: Here’s a list of the
Organized Mosquito Control
Districts in Texas.
And one to the Texas Mosquito
Control Association.
Here is the TCEQ’s guide to Texas
Water Districts.
Many of these have been
established in recent years.
Has the spread of special districts
been wise? Texas Watchdog
doesn’t think so.
Perhaps the best known special
districts are independent school
districts. The 1,090 ISD’s around
the state are in charge of
overseeing the operations of K-12
schools. Note that general policies
are established by the state, but
are implemented by individuals
hired by authority of the ISD.
As with county government, this gives the
local community the ability to fine tune
state policy so that it fits the needs of the
local community.
But it can also lead to decentralization,
inefficiency and uneven standards. We will
look more deeply at education policy later
this semester.
Here is a little detail about the
different types of special districts
in Brazoria County.
Here are links to the special
districts and school districts in
Brazoria County.
Drainage Districts
These are established “for the
construction of canals, drains,
ditches, and levees.” Many are
located in the Gulf Coast. TSHA,
Drainage Districts.
Angleton Drainage District
Brazoria County Drainage District
Angleton-Danbury Memorial
Medical Center
“Angleton Danbury Hospital District's (Est.
1967) mission was to provide a general
hospital to serve the residents of Brazoria
County. Angleton Danbury General
Hospital opened its doors in 1969.”
Sweeny Hospital District
“Located in southwestern Brazoria County,
Texas, the Sweeny Hospital District was
established by the Texas Legislature in
1963 after a 10-year community effort to
expand health care into rural
communities.”
Brazoria County Conservation and
Reclamation District #3
The District is empowered, among other things, to
construct, to improve, and to maintain facilities
necessary for the control of flood waters and
navigation. The area of the District covers 211.55
square miles in the northern part of the county, plus
17,580 acres of water including: Halls Lake, Lost Bayou,
Chocolate Bayou, and West Bay.
Read how they celebrated their 100th Birthday.
Brazoria County Emergency
Services District
“The Mission of BCESD is to be a leading
emergency service organization meeting the
needs of our community in fire prevention, fire
suppression, rescue operations, and emergency
medical first response.”
Brazoria County Fresh Water
Supply District
Here’s their Facebook page (?)
Like many counties, Brazoria has
multiple Municipal Utility Districts.
These are “political subdivision of
the State of Texas authorized by
the Texas Commission of
Environmental Quality (TCEQ) to
provide water, sewage, drainage
and other services within the MUD
boundaries.” – Source.
Here’s a flyer from a title company
describing MUD’s and the process used to
establish them. They are used by
developers to finance the building of the
utilities necessary in a development. Bonds
are sold and repaid by residents.
And here is information about MUD no.26,
which covers Shadow Creek.
And click here for the website from the
Texas Commission on Environmental
Quality that describes their role in
supervising utility districts, in addition to
water districts.
Brazos River Harbor Navigation
District
“The Brazos River Harbor Navigation
District was established in 1925 to govern
development of the Port of Freeport; it
opened the harbor on December 11,
1954.” – TSHA.
That’s plenty for now.
For a more expansive list, look at
Harris County’s districts.
And here are links to the special,
school, airport, hospital, prison
districts located in Harris County.
Tax Increment Reinvestment Zone:
Click here for a description if TIRZs
from the City of Houston’s website.
Area Councils of Government
In order to coordinate the activities
of all the governments (local, state
and national) in a region, the state
established area councils of
government to “deal with the
problems and planning needs that
cross the boundaries of individual
local governments or that require
regional attention.”
We are in the Houston Galveston
Area Council.
“H-GAC's mission is to serve as the
instrument of local government
cooperation, promoting the
region's orderly development and
the safety and welfare of its
citizens.” – from their website.