Chapter 4 State and Local Government + Texas Pearson Education, Inc. © 2006 American Government...

Chapter 4

State and Local Government + Texas

Pearson Education, Inc. © 2006

American Government2006 EditionTo accompany Comprehensive, Alternate, Texas, and Essentials Editions

O’Connor and Sabato


The Evolution of State and Local Governments Original unit: the state States determined the existence of local

government States and local governments primarily part-time in

the past. Grew to be full-time. Not always representative of all constituencies.

Baker v. Carr (1962) One person, one vote 1960s and 1970s

More responsibilities given to states; more assistance, more mandates

Since 1970s, national government has moved to give states more autonomy and fewer federal dollars.


State Governments Have primary responsibility for

Education Public health Transportation Economic development Criminal justice

Licenses and regulates various professions Recently more involved in environmental

and welfare policies


State Constitutions Describes the basic policies, procedures,

and institutions of the governments of a specific state

Original state constitutions Did not fully embrace checks and balances

Governors were particularly weak Legislatures powerful Originally, S.C., N.Y., and Massachusetts gave

governor’s veto power. Impact of Civil War Role of Western States


State Constitutions Compared to the U.S. Constitution, state

constitutions are easy to amend. Every state allows for the convening of a

constitutional convention, AND each has a process for the legislature to

pass an amendment. Usually by supermajority; submit to voters for

approval through a referendum [Tx 2/3 st leg, simple maj voters approve]

Implication: frequent changes & longer documents 6,000 specific amendments adopted [Tx > 400 am.]


Governors Chief elected executive in state

government Most visible Most important role: identifying pressing

problems of their state and proposing solutions Budgets are critical Veto authority

General or package Line-item veto

Implementation influence Judicial appointments, pardoning power

[NOT Tx: judges elected, Board pardons] Extradition


Insert figure 4.1


State Legislatures Originally strong yet non-professional in nature

Half original state legislatures began without a gubernatorial veto check.

Many formulated budgets and made administrative appointments.

Citizen legislators Today: 43 state legislatures meet every year.

Floor sessions longer [Tx meets biennially, 140 days]

More committee work All but Nebraska have two chambers

Term limits [Tx = Not]


Insert Table 4.1


State Courts Primary function: settle disputes

Most disputes matter of state law Criminal behavior Family law Contracts, liability, land use

States are separate systems Own rules, procedures

The ONLY time state and federal courts converge is when a case involves a claim that a state law or practice violates

a federal law or, a state court judge has interpreted the

Constitution.


State Courts Inclusion

The principle that state courts will apply federal laws when those laws directly conflict with the laws of the state.

Specialized courts Issues such as family disputes, traffic Do not use juries

Appellate courts Have panels of judges


Insert Figure 4.2 here


Elections and Political Parties Determine who will fill offices and direct the state

government Almost all elections are partisan. Party histories vary among states.

Competition between Republican and Democratic Party since the Civil War

Since 1994, Republicans have made gains in state elections.

Today, Republicans hold majority of governorships. Georgia: last southern state that elected only Democratic

governors since the Reconstruction era. While important, partisanship does not always predict

outcomes.


Judicial Selection Patterns


Direct Democracy

Progressive Reform Direct initiatives

Voters can place a proposal on a ballot and enact it into law without involving the legislature or governor.

Indirect initiatives Legislature places a proposal on a ballot

and allows voters to enact it into law, without involving the governor or further action by the legislature.


Initiative and Popular Referendum


Direct Democracy Direct referendum

Voters can veto a bill recently passed in the legislature by placing the issue on a ballot and expressing disapproval.

Advisory referendum [TEXAS!!] Voters cast non-binding ballots on an issue or

proposal.

Recall Voters can petition for a vote to remove office

holders between elections.


Local Governments

More individualized than state governments

Most office-holders are part-time. Immediacy of issues: health and

safety, education, jobs and economic vitality, zoning.

Stuff of every day living


Charters Dillon’s Rule*

(1868) Court ruling that

local governments do not have any inherent sovereignty but instead must be authorized by state government.

Charter Document that, like a

constitution, specifies the basic policies, procedures, and institutions of a municipality. Special General Classified Optional Home Rule*


Types of Local Governments Counties

Geographic district created within a state with a government that has general responsibilities for land, welfare, environment and sometimes rural service policies.

Towns Five states in Midwest refer to towns as form of government in which

everyone in a community is invited to an annual meeting to elect officers, adopt ordinances, and pass budgets.

Municipality Government with general responsibilities, such as city, town or village

government, that is created in response to the emergence of relatively densely populated areas.

Special district* Local government with particular function, e.g. water, parks.


Municipal Government


Executives and Legislatures Local governments may have

An elected executive An elected council or commission An appointed manager

Not always bound by separation of powers or checks and balances

Role of the Progressives Destruction of party machines led to

minimization of politics; more management


Executives and Legislatures Most municipalities have

Council-Managers Mayor-Council

Fewer have commissions Form of local government in which

several officials are elected to top positions that have both legislative and executive responsibilities.


Grassroots Power and Politics Participation more personal and more

issue-oriented than at the national level. Non-partisan elections

A contest in which candidates run without formal identification or association with a political party.

Local news media Elite families Ad hoc-issue specific organizations*


Relations with Indian Tribes Treaties between American Indian Nations

and federal government Affect 34 states; state cannot interfere in *Legal status: domestic dependent nation

Sovereignty that makes an Indian tribe in the U.S. outside the authority of state government but reliant on the federal government for the definition of tribal authority.

Trust relationship: federal government obligated to protect Indian interests.


Federal Policies Toward Indian Nations


State and Local Finances State and local governments must balance

their budgets. Budgeting process

Making projections of expenses and revenues State of the economy Level of funding that governments give to one

another States get about 1/4 of their funds from D.C. Local governments get less (water & sewerage)

Most of their money from the state.


Insert Figure 4.3 here


State and Local Finances Federal funding for state and local government generally

declining. [Devolution!] Increase in requirement of state spending to support

national programs and concerns. Security costs

Taxes and fees vary across states Rely equally on income and sales taxes Some have no sales taxes; some have double digit sales

taxes Some have no income tax Tax increases generally bode ill for elected officials at the

state level. Local governments rely on property taxes.


The Roots of Local Government in Texas

As a result of a nationwide municipal home rule movement, Texas adopted a constitutional amendment that allowed cities to decide their own structure, and with some limits, their powers.

Extended to counties in 1933


Structure of the County Government County Commissioners Court

The legislative body of a county in Texas County commissioners serve on this court.

County judge Elected official who is the chief administrative

officer of county government, serves as the commissioners court, and may also have some judicial functions


Authority of County Governments Local Government Code

The Texas statutory code containing state laws about local governments

Texas governments do not have general ordinance-making authority This is the legal right to adopt ordinances

covering a wide array of subject areas, authority that cities have but counties do not

Elgin Bank v. Travis County (1999) Elections


Finances of County Governments

Historically counties rely on property taxes.

Recently, counties increased their reliance on fee revenues. Motor vehicle registration fees are pass-

through fees – they go back to the state. Other fees are left to the counties such

as jury fees, breath-testing fees – many exist in the area of criminal justice.


Forms of City Governments

Four general types of home-rule cities to choose from: Weak mayor-council Strong mayor-council [Houston] Council-manager [Galveston] City commissioner [none in Tx]


Organizational Chart: City of Waller (General Law)


Organizational Chart: City of White Oak (Weak Mayor)


Organizational Chart: Houston (Strong Mayor)


Organizational Chart: City of Austin (Council-Manager)


Authority and Functions of City Government Cities have authority to provide services

directly to citizens Sometimes through franchises to private

companies

Have broad regulatory authority in areas of zoning, buildings, signs, nuisances, and subdivision development

Texas Municipal League* Professional organization and lobbying arm for

city government


Municipal Annexation** Annexation

Enlargement of a city’s corporate limits by incorporating surrounding territory into the city

Extraterritorial jurisdiction (ET) The area outside a city’s boundaries over

which the city may exercise limited control Under the Municipal Annexation Act, a city

may expand its municipal boundaries by an area up to 10 percent of its geographic area in any one year.


Municipal Annexation** In order to annex, a city must take the following steps:

(1999 amendments) Develop a three-year plan for annexation, and not

annex the targeted area during that three-year period.

Make an inventory of the current services in the area. Provide to the annexed area all services currently

provided in its full-purpose boundaries no later than two and one-half years after annexation.

Require negotiations and arbitration regarding services.

Conduct at least two public hearings. Not reduce level of services in the area from what

they were before annexation.


Politics and Representation in City Governments City council elections tend to be “at-large”

or “at-large-by-place” An election system in which all positions on the

council or governing body are filled by city-wide, elections, with each position designated as a seat, and candidates must choose which place to run for

Single-member districts weakened business monopoly over municipal politics in Texas


Special Districts Water Districts School Districts

Charter school: Public school sanctioned by a specific agreement that allows the program to operate outside the usual rules and regulations.

School finance is a controversial issue in Texas. 1993 school-finance reform recaptures and

redistributes school tax revenues by limiting school district revenues, capping tax rates in districts, and adjusting the state aid formula to guarantee a specified yield per tax effort for districts.


Special Districts in Texas


Texas special terms Sunshine Laws – requires all

governmental bodies hold their meeting in public, full notice given to public so that the public may attend

Sunset laws – requires all agencies and programs in Texas to complete a self-evaluation before it can be renewed; “don’t let the sun set on your program”

Chapter 4 State and Local Government + Texas Pearson Education, Inc. © 2006 American Government...

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