Local Government in Texas

Municipal Systems 1:

Cities

The Unitary State• In unitary states, authority

flows generally downward– Citizens elect state gov’t– States develop and

administer policy either • Directly to citizens, • Or indirectly through

counties• These policies are generally

uniform throughout the state: the ‘general law’

• Another system to develop and administer policy specific to individual communities:– Municipal government

• Cities• Special Districts

Central Government

County A County B County C

CitizensCitizens Citizens

City

City

City

SD SDCity

Classes of Cities in Texas

• General Law cities– Equivalent to unincorporated towns and townships in

other states– Typically cities with populations under 5000– No city charter – Structure established by the Local Government Code– Only state and federal taxes apply– Unable to provide most municipal services– Number of General Law Cities in Texas: 895

Structure of General Law Cities

Mayor Board of Aldermen

Public WorksOfficer

City Secretary

Municipal Judge

Municipal Court Clerk

Chief of Police

Assistant Secretary

For Utilities

Resident Voters

Appointed City Offices

Classes of Cities in Texas• Home-Rule cities

– Population > 5000– Defined by a city charter

• The constitution of a municipal government– Structure of municipal government– Modes of election and appointment– Modes of ordinance– Jurisdictional boundaries

• How to get a city charter– Residents of GL city assemble a charter committee– Committee develops and submits proposal to resident voters– If approved by voters, charter sent to State Legislature and County Clerk– Recognized by the Texas Legislature

– Lays and collects municipal taxes– Provides municipal services– Number of Home-Rule cities in Texas: 315

Types of Home Rule Charter

• Mayor-Administrator

• Mayor-Council– Strong Mayor– Weak Mayor

• Council-Manager

• City Commission

Mayor-Administrator

• The simplest form of municipal government

• Exceedingly rare• Places most city power

in one set of hands• Citizens elect mayor• Mayor appoints a city

administrator• City administrator

appoints city officers

Mayor

Resident Voters

City Administrator

CityClerk

Municipal Judge

Public Works

Police Chief

Fire Chief

Appointed City Offices

Weak Mayor-Council• City Charter variant of

the General Law structure

• City council elected by voters– At-large – By Place– By Precinct

• Mayor may be directly elected by voters or

• Elected by city council among their members

• Mayor and city council choose city offices

Mayor City Council

Public WorksOfficer

City Secretary

Municipal Judge

Municipal Court Clerk

Chief of Police

City Attorney

Resident Voters

Fire Chief

Appointed City Offices

Strong Mayor-Council

• Municipal structure resembling the separation of powers principle in the federal government

• Mayor has strong executive powers– Usually strong appointment power– May have veto power over city

ordinances– May have initiative power

• Fairly uncommon in Texas• Houston largest Texas city with

a Strong Mayor government

Mayor

Resident Voters

City Council

CitySecretary

Municipal Court

Public Works

Police Chief

Fire Chief

Appointed City Offices

Council-Manager

• Most common city charter in Texas

• Citizens elect City Council– Citizens may elect a Mayor– Mayor serves as city council chair

• Council appoints a city manager and a few other offices– City manager typically an MPA

• City manager serves as actual chief executive– Appoints most city offices

Resident Voters

City Council (may include Mayor)

Municipal court City Manager

City Attorney

City Auditor

City SecretaryOther city

offices

Appointed byCity Manager

City Commission

• Originally developed in Galveston – hurricane of 1900 killed up to 10,000– ¾ of Galveston destroyed– Commission charter developed to rebuild the city

• Municipal equivalent of a plural executive• All major city offices directly elected in at-large elections• Abandoned by Galveston in 1919

– Turf battles– Lack of coordination among departments

• Commissions still found outside Texas• Some Texas cities call their councils ‘commissions’ but are not true commissions

Resident Voters

CitySecretary

Municipal Court

Public Works Commissioner

Police Commissioner

Fire Commissioner