Additional Study Material, Chapter 2

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.

1 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 Justice of the Peace Courts (850 Cities, 1,122 Judges) (842 Courts, 842 Judges, established in different Also called City Courts precincts in each county) Original jurisdiction only. Original jurisdiction only. Criminal misdemeanors punishable by fine of Criminal misdemeanors punishable by a fine only $500 or less and no confinement. (no confinement). Exclusive original jurisdiction over municipal Exclusive jurisdiction over civil cases where the ordinance criminal cases (fire, zoning, safety, amount is $200 or less. public health violations) with fines up to $2000. Concurrent jurisdiction over civil cases where the No civil jurisdiction. amount is between $200 and $5000 (with County Deal mainly with traffic tickets. and District Courts). Appointed by governing body of city or elected, Also act as notaries and judges over small claims. qualifications determined by city, usually 4 year Authorized to perform marriages. terms. May function as coroner to certify cause of death No qualifications required. even though medical training is not a Appeals from this court go to the County Level requirement. Courts. Elected within each precinct. No qualifications required. Appeals from this court go to the County Level Courts.

2 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.

3 Texas Supreme Court Court of Criminal Appeals (1 Court, 9 Justices) (1 Court, 9 Justices) *Statewide Jurisdiction* *Statewide Jurisdiction* Appellate jurisdiction only. Appellate jurisdiction only. Final state appellate jurisdiction in civil and Final state appellate jurisdiction in civil and juvenile cases. juvenile cases. Justices elected in state-wide elections, Final appellate jurisdiction in criminal cases. staggered 6 year terms. Qualifications same as Texas Supreme Court. Must be 35 years of age, a practicing judge or attorney with at least 10 years experience.

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.

4 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 14th 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 14th 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.

5 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.

6 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 8th 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.

7 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.

8 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).

9 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

10 commissioners that form a policymaking board. Each department is the responsibility of a single 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

11 Municipal funding comes principally from utilities, property taxes, sales taxes, borrowing (bonds), user fees, intergovernmental transfers, and miscellaneous fees and fines. 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.

12 1) School board members are publicly elected, usually in an at-large, by-place system. 2) School board decisions are generally well publicized. 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.