texas government essay

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11.5: The Relationship Between State and Local Policy in Texas

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Public Policies at the State and Local Level

The United States Constitution is silent about local governments. The federal system it creates is limited to the national and state levels. The ability to create and charter local governments is considered to be one of the—unlisted —reserved powers granted to the states. They serve a vital role in the governing system since they are largely responsible for the actual implementation of the bulk of the laws passed by the states and more than a few passed by the national government as well. With the exception of cities, local governments have been created with the specific purpose of implementing state law. For that reason, state public policy is the same as the local public policy. The community college districts exist to implement the core curriculum set by the state through the Higher Education Coordinating Board. The independent school districts exist to implement K-12 education policy throughout the state. The counties exist to implement law enforcement, criminal justice, health and human services, and many other items not directly implemented by the state.

What separates the actions of state and local governments? One place to look is Section 56 of Article 3 of the Texas Constitution which details areas where the state will not interfere with local decisions. The list provides an idea of the practical issues are on the agenda of local governments. These include decisions regarding cemeteries, the locations of county seats, the legitimation of children, empaneling grand juries, and laying out roads, streets, and alleys. These are powers the state can appropriate, but only if authorized in an amendment ratified by state voters.

Another place to look is a city’s code of ordinances. For example, Houston’s Code of Ordinances, like other cities, has a level of detail lacking in the codes on the national or state level. That’s because cities deal with the tangible problems that arise when people live in close proximity to each other. Topics in the Houston code include: animals and fowl; automobile dealers and auto wreckers; floodplain; street vendors; parking; noise and sound level regulations; solid waste and litter control; water and sewers. These might not be the most exciting policies dealt with by governments, but they may be the most tangibly important.

In recent years, the political struggle between cities in Texas—primarily the largest cities—and the state government has increased. The state government has passed laws preventing cities from banning hydraulic fracking within their city limits, 64 banning the use of plastic bags, 65 and mandating the employers provide their workers with paid sick time. 66 This creates a dilemma for the state since while it can do all of the above, the state’s constitution does begin with a statement extolling the virtues of local decision-making:

Texas is a free and independent State, subject only to the Constitution of the United States, and the maintenance of our free institutions and the perpetuity of the Union depend upon the preservation of the right of local self-government, unimpaired to all the States. 67

The reason for the increased conflict is easy to figure out. While the Republican Party continues to dominate statewide elected offices, and continues to control the Texas legislature, Democrats have been increasingly powerful at the local level. Both the largest cities, and the counties they are in, have shifted Democrat. In 2000, El Paso was the only large county in the state to vote Democrat. In 2008, Houston, San Antonio, Dallas, and Austin—and Harris, Bexar, Dallas, and Travis Counties—began to vote Democrat as well. In 2020, Fort Worth and Tarrant County also shifted. 68 These results guarantee additional tension.

In 2019, Texas House Speaker Dennis Bonnen was secretly recorded saying that: “Any mayor, county judge that was dumb ass enough to come meet with me, I told them with great clarity, my goal is for this to be the worst session in the history of the legislature for cities and counties.” 69 The fallout from the recording—which was soon made public—led to Bonnen’s resignation. The policies he hoped to implement, including forbidding local governments from using taxpayer funds to pay for lobbyists, continue to be pursued in the legislature.

64. Peggy Heinkel-Wolfe , “Five Years Later: Denton's Epic Battle to Ban Fracking and Keep Local Control,” Denton Record-Chronicle , Nov. 2, 2019, https://dentonrc.com/news/five-years...4ad766c12.html .

65. Cassandra Pollock, “Report: Austin to End Its Bag Ban after Texas Supreme Court Ruling,” Texas Tribune , July 3, 2018, https://www.texastribune.org/2018/07...-court-ruling/ .

66. Alex Samuels, “The Next Local Control Fight Explained: Why Austin Passed a Citywide Sick Leave Policy,” Texas Tribune , May 4, 2018, https://www.texastribune.org/2018/05...ave-ordinance/ .

67. Tex. Const. art. I, § 1, https://statutes.capitol.texas.gov/D...N.1/CN.1.1.htm .

68. “Donald Trump Won in Texas,” Politico, Jan. 6, 2021, https://www.politico.com/2020-election/results/texas/ .

69. Juan Pablo Garnham and Davis, Rich, “Local Texas Officials Balk at Animus Toward Cities, Plans for Sales Tax Cuts in Legislators' Secretly Recorded Meeting,” Texas Tribune , Oct. 15, 2019, https://www.texastribune.org/2019/10...aid-bare-tape/ .