10.3: County Governments
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Texas has a total of 254 counties, the largest of any other state. Populations in the counties vary considerably, from 169 in West Texas’s Loving County to over 4.7 million in Harris County, home of Houston. While few live in Loving County, it covers an area of roughly 668 square miles,11 about half the size of Rhode Island. Elections in the county usually have a hundred percent voter turnout, particularly since about thirty seven percent are employed by the county. Loving County oil has supported one of the highest per capita incomes of any county in the state.12
The Constitution of 1876 contains much detail about the organization of county government. Not only did it include the old county board which was the precursor to the current system of a county judge and four county commissioners , but provisions were made for a number of other elected officials. It was also specific about the establishment of new counties. At that time there were only 129 organized counties. No new county could be smaller than 900 square miles and should be as square as possible. Additionally, there should not be less than 700 square miles, although there are some exceptions. Rockwall County was created from Kaufman County in 1873 because it was difficult to get to the county seat in Kaufman county. It has only 149 square miles and is the smallest county. Compare that to Brewster County in the Big Bend region with 5,935 square miles. Since Loving County was organized in 1931, Texas has remained at 254 total counties.
The provision for home-rule was abolished in 1969, and since then, the basic organization of all 254 counties is much the same. County government is the arm of state government and provides many state services at the local level.
County Structure
The major duties of county government include collecting property taxes, providing emergency management services to citizens outside the city limits, building and maintaining roads and bridges, issuing vehicle registration, registering voters, maintaining records, providing public safety and justice, and holding elections. They may also provide for parks, community centers, libraries and senior centers. Counties also operate and fund almost the entire court system in Texas. None of the county’s elected officials is controlled by another elected official, they answer directly to the voters.
Elected Officials
The county judge is the presiding officer of the commissioners court and depending on the size of the county, has a wide range of judicial and administrative duties. In counties with less than 225,000 residents, the judge will serve as the budget officer. The judge will serve as the head of emergency management. In the less populous counties, the judge can preside over misdemeanor criminal and small civil cases, probate matters and appeals from the justice of the peace court.
The county commissioner is one of four in each county and represents one-quarter of the county’s population. The county commissioners court consists of the county judge and four commissioners. They adopt the budget and tax rate for the county and approved purchases for the county. They fill vacancies for any elective or appointed office in the county and determines salaries and benefits. They are responsible for the roads and bridges in the county and must maintain all county buildings and facilities.
The county attorney represents the state in prosecuting misdemeanor criminal cases and works with law enforcement into the investigation of criminal cases. The county attorney will provide legal advice to the county officials and the commissioners court. If there is no district attorney, the county attorney will represent the state in district courts.
The district attorney represents the state in prosecuting felony criminal cases and works with law enforcement into the investigation of criminal cases. The district attorney will present cases to the grand jury and will represent victims of violence with protective orders and will be responsible for removing children from abusive homes.
The county clerk serves as the clerk of records for the commissioners court, constitutional county court and statutory county courts. The county clerk is responsible for keeping and securing all public records including bonds, deeds, and birth and death certificates.
The clerk issues marriage licenses and can serve as the elections officer for countywide special and general elections.
The district clerk is the registrar, recorder and custodian of all court proceedings in any legal cause of action. The district clerk coordinates the jury panel selection process, collects filing fees and handles funds held in lawsuits or money awarded to minors.
The county treasurer is the custodian of county finance and county funds. The county treasurer receives and deposits all county revenues and will disburse funds upon order of the commissioners court. They will reconcile the bank statements and approve the payroll. They may be the county’s investment officer, human resources officer and assist with the audit in those counties without an auditor.
The sheriff is a licensed peace officer and is responsible for the enforcements of the criminal laws of the state. They manage and operate the county jail and prisoners, provide security for the courts, serve warrants and civil papers, and enforce traffic laws on county roads. In counties with less than 10,000 residents, the sheriff may also serve as the county tax assessor/collector.
The county tax assessor- collector calculates the property taxes and then collects those taxes. They also process motor vehicle title transfers and issues motor vehicle registration and licenses. They can register voters and conduct elections. They can also collect various other fees for the state and county.
The justices of the peace presides over the justice court for misdemeanors, small civil disputes and disputes between landlords and tenants. They may also hear truancy cases, conduct inquests and perform marriage ceremonies.
The constable is a licensed peace officer that performs law enforcement functions, including issuing traffic citations. The constable serves warrants, subpoenas and temporary restraining orders. They also serve as bailiff for justice of the peace courts.
The county auditor is appointed by the district judge(s). They prepare the accounting records for all county funds and they audit the records and accounts of all of the county departments. They are responsible for verifying the validity and legality of all county expenditures. They also serve as the budget officer in counties with more than 225,000 residents.
County Finance
Aside from property taxes (yes, counties can also tax your property and so can some special districts!) which provide the revenue for the day to day operations of the county, counties will need larger revenue sources for discretionary or non-discretionary items. This is usually done with the issuance of bonds or certificates of obligation. Generally, if the item is large and discretionary such as the building of a new arena or exhibit hall, a bond election will be used. The voters can then determine if such a project is warranted. Because the county cannot go to a bank and borrow money and take out a loan, financing of large projects is done through the issuance of bonds. A bond is an agreement between the county and the bondholder where the county receives the money and agrees to pay the money back with interest.
The two major types of bonds are General Obligation Bonds and Revenue Bonds. General Obligation Bonds are authorized to pay for major capital projects and the debt is paid by property taxes. Revenue Bonds repay the money based on revenue generated by the proposed project and are used more by cities than counties as counties usually have a type of facility that could generate the needed revenue. Exceptions would be in the larger, more populous counties.
Certificates of Obligation are bonds that do not require approval from the voters and are generally used to pay for the construction of a public work.
Eagle Stadium in Allen (Figure 10.3), a suburb of Dallas built a sixty million dollar football stadium financed by a bond, but had to close down for repairs eighteen months after it opened. It boasted seating for 18,000 people and a thirty-eight foot video board, but cracks in the concrete of the concourse led to its closing.
Problems and Reforms
In general, counties have less power than home-rule municipalities. They cannot pass ordinances and they do not have zoning powers except in limited instances. Zoning regulations are used for community planning and allow cities to restrict the use of private property. For instance, will the land be used for business, industrial, residential or other purposes. Texas also does not allow for consolidated city-county governments. They can enter into interlocal agreements. For instance, the county could bill and collect property taxes for the school district or the city so residents would only receive one bill. In many instances, it would be more efficient to consolidate some services. Consider the cities of Midland and Odessa. They are two cities twenty miles apart in two different counties, each with their own city and county jails. It could be feasible to build a “mega-jail” in between the two cities and they share the cost and responsibility for the maintenance and staffing.
Unlike municipal elections, county elections are partisan where the candidates appear on the ballot with their party affiliation. Like any partisan election, there will be some amount of patronage, where employees get their positions in proportion to their party loyalty. Many times, elected leaders want to bring some of their loyal supporters into the organization. Many counties have not centralized their purchasing into a single department which would ensure discounts and allow for the awarding of contracts after careful consideration of the bids. And finally, each commissioner is individually responsible for the road construction and maintenance in their particular geographical district. This lack of coordination between the entire commission is not efficient or effective, and many times leads to competition between the commissioners.
County records are open to the public and meetings of the county commissioners court are also open to the public, meaning there is a lot of transparency. We expect our county officials to respond to the needs of the people within the county.
11. United States Census, “Loving County,” https://www.census.gov/quickfacts/lovingcountytexas.
12. Craig Hlavaty, “Weird Texas: The story of the least populated county in Texas and the United States,” Chron., June 10, 2017, texas/texas/article/Texas-Loving-County-least-populated-in-America-11202366.php.