Texas
Texas (, ; Spanish language, Spanish: ''Texas'', ''Tejas'') is a state in the South Central United States, South Central region of the United States. At 268,596 square miles (695,662 km2), and with more than 29.1 million residents in 2 ...
has a total of 254 counties, many cities, and numerous
special districts, the most common of which is the independent
school district
A school district is a special-purpose district that operates local public primary and secondary schools in various nations.
North America United States
In the U.S, most K–12 public schools function as units of local school districts, wh ...
.
County
Texas has a total of 254 counties, by far the largest number of counties of any state.
Counties in Texas have limited regulatory (ordinance) authority. Counties also have much less legal power than
home rule
Home rule is government of a colony, dependent country, or region by its own citizens. It is thus the power of a part (administrative division) of a state or an external dependent country to exercise such of the state's powers of governance wit ...
municipalities. They can only pass ordinances (local laws with penalties for violations) in cases where the Texas statutes have given them express permission to. Counties in Texas do ''not'' have zoning power (except for limited instances around some reservoirs, military establishments, historic sites and airports, and in large counties over "communication facility structures": visible antennas). However, counties can collect a small portion of property tax and spend it to provide residents with needed services or to employ the power of
eminent domain
Eminent domain (United States, Philippines), land acquisition (India, Malaysia, Singapore), compulsory purchase/acquisition (Australia, New Zealand, Ireland, United Kingdom), resumption (Hong Kong, Uganda), resumption/compulsory acquisition (Austr ...
. Counties also have the power to regulate outdoor lighting near observatories and military bases. Counties do not have "
home rule
Home rule is government of a colony, dependent country, or region by its own citizens. It is thus the power of a part (administrative division) of a state or an external dependent country to exercise such of the state's powers of governance wit ...
" authority; whatever powers they enjoy are specifically granted by the State.
![HarrisCountyAdministrationBuildingHoustonTX](https://upload.wikimedia.org/wikipedia/commons/b/b0/HarrisCountyAdministrationBuildingHoustonTX.JPG)
Unlike other states, Texas does not allow for consolidated city-county governments. Cities and counties (as well as other political entities) are permitted to enter "interlocal agreements" to share services (for instance, a city and a school district may enter into agreements with the county whereby the county bills for and collects property taxes for the city and school district; thus, only one tax bill is sent instead of three). Texas does allow municipalities to merge, but populous
Harris County, Texas
Harris County is a county located in the U.S. state of Texas; as of the 2020 census, the population was 4,731,145, making it the most populous county in Texas and the third most populous county in the United States. Its county seat is Houston, ...
consolidating with its primary city,
Houston, Texas
Houston (; ) is the most populous city in Texas, the most populous city in the Southern United States, the fourth-most populous city in the United States, and the sixth-most populous city in North America, with a population of 2,304,580 in ...
, to form the nation's second largest city (after
New York City
New York, often called New York City or NYC, is the List of United States cities by population, most populous city in the United States. With a 2020 population of 8,804,190 distributed over , New York City is also the L ...
) is not a prospect under current law.
County Government
Each county is run by a five-member
Commissioners' Court
Commissioners' court, or in Arkansas a quorum court, is the governing body of county government in three US states: Arkansas, Texas and Missouri. It is similar in function to a board of county commissioners. A similar system was in place in the Wis ...
consisting of four commissioners elected from
single-member district
A single-member district is an electoral district represented by a single officeholder. It contrasts with a multi-member district, which is represented by multiple officeholders. Single-member districts are also sometimes called single-winner vo ...
s (called commissioner precincts) and a
county judge
The term county judge is applied as a descriptor, sometimes as a title, for a person who presides over a county court. In most cases, such as in Northern Ireland and the Victorian County Courts, a county judge is a judicial officer with civil ...
elected
at-large
At large (''before a noun'': at-large) is a description for members of a governing body who are elected or appointed to represent a whole membership or population (notably a city, county, state, province, nation, club or association), rather than ...
. The county judge does not have authority to veto a decision of the commissioners court; the judge votes along with the commissioners (being the tie-breaker in close calls). In smaller counties, the county judge actually does perform judicial duties, but in larger counties the judge's role is limited to serving on the commissioners court and certifying elections. Certain officials, such as the sheriff and tax collector, are elected separately by the voters, but the commissioners court determines their office budgets, and sets overall county policy. All county elections are partisan, and commissioner precincts are
redistrict
Redistricting in the United States is the process of drawing electoral district boundaries. For the United States House of Representatives, and state legislatures, redistricting occurs after each decennial census.
The U.S. Constitution in Ar ...
ed after each ten year Census both to equalize the voting power in each and in consideration of the political party preferences of the voters in each.
As one textbook produced for use in Texas schools has openly acknowledged, Texas counties are prone to inefficient operations and are vulnerable to corruption, for several reasons.
[Charldean Newell, David Forrest Prindle, and James W. Riddlesperger, Jr., ''Texas Politics'', 11th ed. (Boston: Cengage Learning, 2011), 376-381.] First, most of them do not have a
merit system The merit system is the process of promoting and hiring government employees based on their ability to perform a job, rather than on their political connections. It is the opposite of the spoils system.
History
The earliest known example of a me ...
but operate on a
spoils system
In politics and government, a spoils system (also known as a patronage system) is a practice in which a political party, after winning an election, gives government jobs to its supporters, friends (cronyism), and relatives (nepotism) as a reward ...
, so that many county employees obtain their positions through loyalty to a particular political party and commissioner rather than whether they actually have the skills and experience appropriate to their positions.
Second, most counties have not centralized purchasing into a single procurement department which would be able to seek quantity discounts and carefully scrutinize bids and contract awards for unusual patterns.
Third, in 90 percent of Texas counties, ''each commissioner'' is individually responsible for planning and executing their own road construction and maintenance program for their own precinct, which results in poor coordination and duplicate construction machinery.
Municipal
Texas does not have townships; areas within a county are either incorporated or unincorporated. Incorporated areas are part of a city, though the city may contract with the county for needed services. Unincorporated areas are not part of a city; in these areas the county has authority for law enforcement and road maintenance. Their local ordinances, rules, and police regulations are usually codified in a "code of ordinances".
City charters
Cities are classified as either "
general law" or "
home rule
Home rule is government of a colony, dependent country, or region by its own citizens. It is thus the power of a part (administrative division) of a state or an external dependent country to exercise such of the state's powers of governance wit ...
". A city may elect home rule status (i.e., draft an independent city charter) once it exceeds 5,000 population and the voters agree to home rule; however, the charter cannot conflict with either the state Constitution or the general laws of the state. Otherwise, the municipality is classified as general law and has only those very limited powers specified in the general laws. One example of the difference in the two structures regards
annexation
Annexation (Latin ''ad'', to, and ''nexus'', joining), in international law, is the forcible acquisition of one state's territory by another state, usually following military occupation of the territory. It is generally held to be an illegal act ...
. General law cities cannot annex adjacent unincorporated areas without the property owners' consent; home rule cities may annex without consent but must provide essential services within a specified period of time (generally within three years) or the property owner may file suit to be disannexed and reimbursed. Once a city adopts home rule it may continue to keep this status even if the population later falls below 5,000.
Annexation
Larger cities (those exceeding 225,000) have a unique authority: that of "limited annexation", whereby an adjoining area may be annexed for purposes of imposing city ordinances related to safety and building codes. The residents can vote for mayor and council races but cannot vote in bond elections (and, consequently, the city cannot directly collect city
sales tax
A sales tax is a tax paid to a governing body for the sales of certain goods and services. Usually laws allow the seller to collect funds for the tax from the consumer at the point of purchase. When a tax on goods or services is paid to a govern ...
from businesses or city
property tax
A property tax or millage rate is an ad valorem tax on the value of a property.In the OECD classification scheme, tax on property includes "taxes on immovable property or net wealth, taxes on the change of ownership of property through inheri ...
from owners).
However, the City of Houston has exploited a glitch in the state law that allows it to share in sales tax revenues along with special districts (municipal utility districts, for instance) that cross an area "annexed for limited purposes." This has led to a spiderwebbing known as limited purpose or special purpose annexations that consist of mostly commercial properties facing major streets. These extend through otherwise unincorporated areas. It has also led to conflicts between city and county officials over the provision of services to these areas not included in the agreements.
The purpose of limited annexation is to allow the city to control development in an area that it eventually will fully annex; it is meant to do so within three years (though it can arrange "non-annexation agreements" with local property owners), and those agreements with municipal utility districts also cloud the picture. During each of the three years, the city is to develop land use planning for the area (zoning, for example), identify needed capital improvements and ongoing projects, and identify the financing for such as well as to provide essential municipal services.
Municipal Elections
![Houston City Hall, Texas, January 2012](https://upload.wikimedia.org/wikipedia/commons/6/61/Houston_City_Hall%2C_Texas%2C_January_2012.JPG)
Municipal elections in Texas are
nonpartisan
Nonpartisanism is a lack of affiliation with, and a lack of bias towards, a political party.
While an Oxford English Dictionary definition of ''partisan'' includes adherents of a party, cause, person, etc., in most cases, nonpartisan refers sp ...
in the sense that candidates do not appear on the ballot on party lines, and do not run as party tickets. However, a candidate's party affiliation is usually known or can be discerned with minimal effort (as the candidate most likely has supported other candidates on partisan tickets). In some instances, an informal citizen's group will support a slate of candidates that it desires to see elected (often in opposition to an incumbent group with which it disagreed on an issue). However, each candidate must be voted on individually.
Special districts
In addition to cities and counties, Texas has numerous
special districts. The most common is the independent
school district
A school district is a special-purpose district that operates local public primary and secondary schools in various nations.
North America United States
In the U.S, most K–12 public schools function as units of local school districts, wh ...
. Special districts include Groundwater Conservation Districts (regulatory agencies), river authorities, port authorities, water supply districts (for irrigation or municipal supply), public hospitals, road districts and community college districts.
School districts
Independent
school district
A school district is a special-purpose district that operates local public primary and secondary schools in various nations.
North America United States
In the U.S, most K–12 public schools function as units of local school districts, wh ...
s have a board of trustees that is independent of any other governing authority, with the exception of the
Stafford Municipal School District
Stafford Municipal School District (SMSD) is a school district based in Stafford, Texas, United States in Greater Houston. The district covers all of the city of Stafford and is controlled by the city, making it the only school district in Texas ...
. School district boundaries are not generally aligned with city or county boundaries; it is common for a school district to cover one or more counties or for a large city to be served by several school districts.
As with municipal elections in Texas, board members or trustees are elected on a nonpartisan basis or may be appointed.
The
Texas Education Agency
The Texas Education Agency (TEA) is the branch of the government of Texas responsible for public education in Texas in the United States. governs public education in Texas.
References
{{United States topic
, title =
Local government in the United States
Local government in the United States refers to governmental jurisdictions below the level of the state. Most states and territories have at least two tiers of local government: counties and municipalities. Louisiana uses the term parish and Alas ...
, prefix = Local government in
Texas
Texas (, ; Spanish language, Spanish: ''Texas'', ''Tejas'') is a state in the South Central United States, South Central region of the United States. At 268,596 square miles (695,662 km2), and with more than 29.1 million residents in 2 ...