Government of Texas - County Government

County Government

Texas has a total of 254 counties, by far the largest number of counties of any state.

Each county is run by a five-member Commissioners' Court consisting of four commissioners elected from single-member districts (called commissioner precincts) and a county judge elected at-large. 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 redistricted 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.

Counties also have much less legal power than home rule municipalities. They cannot pass ordinances (local laws with penalties for violations) like cities can. 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. Counties also have the power to regulate outdoor lighting near observatories and military bases. Counties do not have "home rule" authority; whatever powers they enjoy are specifically granted by the State (as an example, most counties have no authority to sanction property owners whose lands fill with weeds and trash).

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 consolidating with its primary city, Houston, Texas, to form the nation's second largest city (after New York City) is not a prospect under current law.